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Legal Aid, Sentencing and Punishment of Offenders Bill

It is always an absolute pleasure to follow the hon. Member for Broxtowe (Anna Soubry). I agree with some of what she says, and certainly with her remarks on my Bill about dangerous driving. I do not disagree with everything that the Government propose in the Bill, but I have concerns about parts of it. On civil liberties, for example, clause 12, which seeks to limit advice and assistance in a police station, is a mistake. It is no good for the Government to say that the previous Government proposed to do similar things; I am concerned about what this Government are doing. Section 58(1) of the Police and Criminal Evidence Act 1984 provides that people in a police station are entitled to legal advice from a solicitor in private consultation. That absolutely must remain. Clause 52 proposes to prevent people from recovering defence costs in Crown courts. If they pay their own fees, they will be prevented from recovering their costs if they are successful at trial. That is a mistake. I am concerned that the Government seem to be ignoring advice. Some of it is very good—the hon. Member for Maidstone and The Weald (Mrs Grant) made some superb remarks about what effects she thinks the Government's plans will have—but the Government seem to be passing it off as irrelevant and unimportant. [Interruption.] The hon. Member for Broxtowe says that that is not right, but I have seen it. The Bar Council has provided detailed proposals for alternative savings. I have seen no evidence of the Government's acknowledging those proposals. That also applies to Law Society proposals. I agree with the remarks of the Bar Council, my professional body, that the Bill represents do-it-yourself justice, not access to justice. Of course, solicitors, whether family or criminal—whatever the nature of the practice—are bound to want to protect themselves from cuts to their businesses. However, in my experience, publicly funded lawyers do not act just for money but because they want to help people, give them advice and protect them from often complex law. Lawyers always say that law is complex—we are bound to do that. I say it constantly, even to myself. However, it is genuinely difficult, and the procedure is often complicated. Lay people struggle with the most basic proceedings, and I have real concerns about the Government's agenda. It is truly the most vulnerable who will suffer the consequences of the Government's proposals. Let us consider only a few of the matters that will be outside the scope of legal aid provision: clinical negligence, criminal injuries compensation, debt, education and employment. It is madness. Providing employment advice and assistance saves money in the long run. If a client goes to an experienced employment solicitor with instructions about a case, the solicitor is often the filter that prevents them from completing what is nowadays called an ET1 and getting it to a tribunal. That prevents costs in the long run. The Government have failed to recognise that.
Type
Proceeding contribution
Reference
530 c1036-7 
Session
2010-12
Chamber / Committee
House of Commons chamber
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