Legal Aid: Post-Implementation Review

Yasmin Qureshi Excerpts

Tuesday 4th September 2018 Westminster Hall

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I congratulate my hon. Friend the Member for Westminster North (Ms Buck) on securing this important and timely debate, and on the excellent points she made in her speech. I commend the work she does as chair of the all-party parliamentary group on legal aid. Her record on this issue is outstanding, and her spirited defence of legal aid was stupendous.

Before I come to the crux of my speech, I acknowledge the hard work of my hon. Friend the Member for Hammersmith (Andy Slaughter), who was the shadow Minister who led on the LASPO Bill in the Parliament of 2010-15. At that time, I was on the Justice Committee. I remember the hours of work that my hon. Friend put into the scrutiny of that Bill. The sadness of it is that many of the predictions he made, and those of the Justice Committee that examined LASPO at the time, have come to fruition. All the warnings and worries that we had then have turned out to be justified now. That is really sad. I do not think any of us wanted to be proved correct; we would have preferred to be proved wrong, but we have turned out to be correct.

The reforms have caused an enormous amount of sadness and misery for many ordinary people who are not familiar with the legal system. Often they are not the most literate people, who may not have the most excellent advocacy skills and are probably coming to the judicial system—criminal or civil—for the first time. Most are utterly bemused, and do not know what they are doing. I am sure many Members of Parliament have constituents who have come to them with such problems, and will know that most of them are completely confused, are not sure what to do, do not know their rights and do not have the finance to afford legal support. Because there is no legal aid, they cannot access a solicitor or a barrister or get legal advice.

My hon. Friend the Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney) spoke about the problems of tenants and landlords. It is a shocking situation that many people now live in squalid accommodation but cannot do anything about it and do not know their rights. In any case, enforcing any of their rights costs too much. They live in squalid accommodation, and their options are to shut up or try to move elsewhere—and often the alternative accommodation they could move into is not great. That is another area where vulnerable people are affected.

My hon. Friend the Member for Westminster North spoke about immigration—another sector where there have been big cuts in legal aid—and particularly the impact on children and families. Immigrants are not flavour of the month in most parts of the world, but they are human beings with children and family ties, who have legal rights and need to be able to access legal advice. There has been a massive reduction in their ability to understand what their rights are in trying to keep their family unit together.

Those are just two areas. We also know about people who are employed but who are in not particularly good working conditions or have employers who are not the fairest, and they cannot access employment tribunals. Many people with health issues cannot get advice on the benefits they may be able to get or, if they have a disability, on what their rights are. Such vulnerable groups are badly affected. Prior to LASPO, a reasonable, decent amount of legal aid was available and accessible. A lot has now gone.

We have also talked about ordinary family law cases, not just family law issues in relation to immigration—where parents may be going through divorce or separation, or where children are involved. That is a lot of stress for families. Often, they cannot go and get legal advice because, frankly, they cannot pay for it, and that causes distress.

Even if we ignore the human costs of the changes in legal aid, our court systems have not benefited, either. I distinctly remember hearing from a number of judges sitting in the civil courts, who came to give evidence on LASPO to the Justice Committee. They said, “One effect of the legislation will be that you will have a lot of unrepresented litigants turning up in court, taking more time, clogging up the court, which in the end will cost us more.”

Let us face it: even an hour in a county court, a magistrates court or the High Court costs thousands and thousands of pounds, because there are all the costs of running the court and paying people. When there is an unrepresented claimant or person before the court—or a defendant, in the criminal courts—they can take up a lot of time. Any saving of a few hundred pounds that might have been made by preventing them from getting the preliminary advice that could have helped them ends up being wasted, because the courts will, and do, take longer to deal with those cases and those cases clog them up. I think that if hon. Members speak to judges, they will find that that problem is still occurring.

Of course, one of the things the Government plan, which we have not touched on but which will have an additional impact on unrepresented people, is the increasing introduction of virtual courts and online court systems, where they will not be speaking to anyone, nobody will be able to guide them and they will be even more confused. One of our great worries in the criminal justice system is that we may have people pleading guilty or making admissions to things they should not.

As a practitioner in the current system—in which we do not have so many virtual courts—I remember being in court when somebody would come in who was unrepresented. Many legal professionals in court, when they hear that somebody is not sure about their case, will often give them voluntary advice and guidance or signpost them as to where they should go. That will not happen in a virtual court. The availability of legal aid becomes even more important in this technical age, where there will be less interface with people and there will be fewer people able to guide litigants.

I am sad that the Government, even now that they are carrying out a review, are taking so long about it. We were told we would probably have the review by the end of the summer; now we are talking about the end of the year. My first question for the Minister is, when will the review be completed?

The second question that I hope the Minister will answer is, in the light of what we know is happening, will there be any real changes to legal aid to make it applicable and available to many more people? The Ministry of Justice must be aware of the issue that I and other hon. Members have raised about the effect on people’s lives. It is pointless to have rights if we cannot enforce them; they might as well be meaningless if we have no mechanism to enforce them. The lack of legal aid means that those rights often cannot be enforced for the people who are the most vulnerable.

Another problem that has occurred as a result of the legal aid cuts is that even those people who might qualify for legal aid often find that there are not enough lawyers out there who are willing to do legal aid work, because the rates have gone down. The Government’s attitude is, “These are all ‘fat cats’ or people who are living a lavish lifestyle.” That is not true. Most legal aid lawyers are not fat cats or people earning hundreds of thousands of pounds; they are just trying to make a reasonable living. Therefore, it is more difficult to find people who can do legal aid work, and many small high street firms have closed down because they cannot afford to continue to run a practice. Even when people are able to get legal aid, finding lawyers who will do legal aid work for them is problematic.

I ask the Minister to look at this issue again. Legal aid was introduced by a Labour Government in 1949 as one of the benefits that people need the most, and I hope the Minister and the Government will reconsider the whole issue of legal aid and make it much more widely available to people.