UK Parliament / Open data

Legal Aid, Sentencing and Punishment of Offenders Bill

Thank you for giving me the opportunity to take part in this important debate, Mr Deputy Speaker. I agree with many of the comments made by the hon. Member for Maidstone and The Weald (Mrs Grant). The Government should listen to her experience and knowledge. For 60 years, legal aid has provided secure and guaranteed access to justice for those who cannot otherwise afford legal representation, often protecting the most vulnerable in our society. With their reforms, the Government are undermining the principles of justice. The right to access it will become the privilege of the few who can afford it. The more I understand about the Government's approach to justice policy, the more I realise that there is nothing just about it. Despite receiving thousands of representations from a wide range of organisations expert in delivering legal aid effectively and productively that say this is not the right approach, the Government are not willing to listen. We know that seeking legal representation is an expensive undertaking. I understand that, but the Government are trying, inexcusably, to put a price on justice, which is embedded in the British democratic system. That undermines us as a free and fair society where all have an equal right to justice. Everyone has the right to be treated fairly under the British legal system. Who someone is, how much they earn and where they live should not be taken into account. The expense of access to our legal system makes legal aid so important. Justice is a right, not a privilege. Everyone deserves their day in court. The Government have said that they want to ensure through the reforms that legal aid is targeted at those who most need it. They must have made a mistake. Surely that cannot be correct when they are cutting the aspects of law that are often the last protection for the most vulnerable in our society: housing, debt, welfare and employment advice. Legal aid has stood up for people and given them the voice that they deserve. I am not sure where the Government expect an alternative to step in to deal with representation and advice for aspects of law that will be removed from the scope of legal aid provision. Perhaps it is another job for the big society. When people have to represent themselves in court because they cannot afford the legal fees, something is not right. As with so much of their legislation, the Government have left the most vulnerable wanting. It is a travesty that 500,000 people will be denied their right to legal representation and a chance for justice. The Secretary of State has said:"““It cannot be right that the taxpayer is footing the bill for unnecessary court cases that would never have even reached the courtroom door, were it not for the fact that somebody else was paying.””—[Official Report, 15 November 2010; Vol. 518, c. 659.]" I seriously object to that trivialisation of our justice system. The right hon. and learned Gentleman's reference to ““unnecessary court cases”” shows where the Government have gone wrong. Debt, social welfare, housing and education law are not unnecessary. They are serious and complex areas of law that deserve their chance in court. Legal aid provision has improved and strengthened our laws on protections and compensation and given justice to victims of negligence. Legal aid has been critical in many precedent-setting cases, such as the Hillsborough disaster, thalidomide cases and the Clapham rail crash. Advances in case law as a direct result of legal aid provision have improved protections for everyone. British law is in a better place because of the chance to access legal aid. Although I can sympathise to some extent with the Government's desire to promote other forms of legal settlement outside a courtroom, such as through mediation, that should be an alternative, not the only option. In my experience, it does not always work.
Type
Proceeding contribution
Reference
530 c1016-7 
Session
2010-12
Chamber / Committee
House of Commons chamber
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