Legal Aid Reform

Debate between Yvonne Fovargue and Keith Vaz

Thursday 3rd February 2011 Commons Chamber

[Yvonne Fovargue (Makerfield) (Lab)]

I beg to move,

That this House has considered the matter of the reform of legal aid.

I thank the Backbench Business Committee for agreeing that this important topic be debated prior to the closure of the consultation on proposals for the reform of legal aid in England and Wales. The consultation paper proposes to cut an estimated £350 million from the civil legal aid budget. Roughly two thirds of those cuts are directed at people who are currently legally aid-able, and one third will come from remuneration cuts to providers, who are expected to do the same work but for less money.

Some £279 million will be cut from civil legal aid, and about half a million people will lose their entitlement to legal aid. The majority of them come from low- income households, and the Ministry of Justice’s own equality impact assessment acknowledges that they will be predominantly women, black and minority ethnic people and ill and disabled people. However, while the consultation acknowledges this, it also says that it is not just about cost but that it is the “right thing to do”. I believe that I can demonstrate that both the cost argument and the statement that it is the “right thing to do” are incorrect, and that the implementation of these proposals to reduce civil legal aid will hit the poorest hardest, increase the cost to other public bodies, and have a potentially catastrophic effect on not-for-profit advice agencies, including citizens advice bureaux and law centres.

[Keith Vaz (Leicester East) (Lab)]

I congratulate my hon. Friend on securing this debate. Does she agree that one of the issues that should be addressed is poor decision making by public authorities, particularly in immigration, where the UK Border Agency fails to make good decisions based on good evidence? That is why people have to go to the tribunal, and that is why they need legal aid.

[Yvonne Fovargue]

I thank my right hon. Friend for that comment. I will come to that later when I suggest some ways of saving money in the system.

Whole swathes of advice areas are removed from the scope of legal aid, particularly the social welfare law category. Welfare benefit is removed completely from legal aid. According to the Ministry of Justice’s own equality impact assessment, 63% of clients who received legal aid in this category had a disability, 54% were female and 27% were from a black and minority ethnic background. However, this is justified by stating that the

“accessible, inquisitorial and user friendly nature of the tribunal means appellants can generally present their case without any assistance”.

It also states:

“Advice and help are available from a number of sources including Job Centre Plus and the Benefits Enquiry Line”.

So people who have had their claim refused by Jobcentre Plus or the Benefits Agency are to go to them for support in challenging the decision and they will help them. I have to say that that is not the experience I had when I worked for an advice agency.