I begin by declaring an interest as somebody who used to work for Citizens Advice Cymru before being elected to this place, and who currently serves as the secretary of the Citizens Advice all-party parliamentary group. I shall speak to new clause 43 and amendment 162 in my name. They are probing amendments so I shall be brief, but colleagues in the other place might want to pursue the matter in greater detail, especially as the amendments carry the support of the official Opposition, for which I am extremely grateful.
The amendments are supported by advice organisations concerned that a strict interpretation of legislation may leave holes in the legal aid safety net. From a pragmatic and practical perspective, the intention of the amendments is to allow funding for the provision of advice from third-sector independent and impartial advice organisations to assist with understanding a case, without the requirement to provide formal and costly legal representation. That will help the Government achieve some of the savings aims in the Bill. In technical terms, the amendment would give the Lord Chancellor discretion to permit transfers from the legal aid budget to other funding streams for the provision of advice on issues to which schedule 1 does not apply.
If schedule 1 is to be the future shape of civil legal aid, the scheme needs to work alongside advice services which deal with other legal issues, such as debt problems, issues of benefit entitlement and appeals under social security law, employment rights and immigration decisions. On a practical level, it is a waste of resources if legal aid clients cannot receive holistic advice. I know that that is something on which Citizens Advice prides itself. There will also be many cases at the margins of the situations covered in schedule 1, and the Legal Services Commission's response to the Green Paper highlighted the problem of what it calls boundary issues, warning that"““the administration costs of considering such cases could erode revenue savings that the Ministry of Justice has committed itself to.””"
That addresses some of the points that Opposition Members have raised throughout the debate on the Bill and draws attention to the unintended financial consequences of what the Government are trying to pursue. I will close as I want to allow colleagues to speak about other parts of the Bill, but it would be helpful if, in response, the Government could explain how the concerns of civil society bodies about access to advice as a result of the prescriptive nature of schedule 1 will be addressed.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Jonathan Edwards
(Plaid Cymru)
in the House of Commons on Wednesday, 2 November 2011.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
534 c983-4 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 13:50:29 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_781050
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_781050
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_781050