Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, I rise to support this amendment. I thank the noble Lord, Lord Bach, for introducing it in such a comprehensive way. I also thank the noble Baroness, Lady Grey-Thompson, for spelling out some of the broader implications of this matter. I will be brief as I want to underline just a couple of points. One is that I fear that the single mandatory telephone gateway will potentially reduce access for some of the most vulnerable members of the community. I think that the Government’s intention to deliver legal services through a single telephone gateway and to further provide some casework by telephone fails to recognise the difficulties this will present to many of those attempting to access the system, particularly those with complex or distressing legal problems, as has been spelt out by the noble Lord, Lord Bach. As we have heard, telephone services are, of course, of value to many and their expansion is welcome. However, in my view they do not provide a universal solution to those seeking initial legal advice. When a problem arises, many seek legal advice from providers that they have used before and know and trust. A strong relationship between adviser and client is central to clients providing vital information about their circumstances. Remote mediums of seeking advice are not conducive to building trust with an adviser. Research by the Legal Action Group has revealed that people in social classes D and E are the most likely to experience a social welfare legal problem, are most reliant on local advice centres for help and are least likely to use telephone advice. It is also the case that those who make initial contact by phone like to follow it up with face-to-face advice. As we heard from the noble Lord, Lord Bach, those with language difficulties and urgent matters to address prefer personal contact, and there may well be issues with literacy. There are real dangers that driving all advice provision to a telephone gateway will result in a substantial number of those who currently seek face-to-face advice dropping out and not receiving any legal aid at all. Their problems will be left to become more complex and expensive for the state to resolve further down the line. This in the long run will defeat the purpose of the legislation. My second concern is the Bill’s implications for the sustainability of local legal services which are normally embedded in the community. One can see what will happen to those. With their local knowledge, these organisations not only promote good practice but campaign to improve services. We need more strategic provision for legal advice services drawing on the best practice of local solutions. Throughout this afternoon we have heard that access to justice is a constitutional principle. Initial legal advice provided in an appropriate way is a first step to accessing justice and can avert long-drawn-out legal wrangles. In my view it is therefore imperative that legal aid advice is provided in a range of forms and is accessible to those who really need it.