My Lords, I thank the noble Lord, Lord Best, for trying to come to my aid. I am sorry that he was not able to continue with that. I am sure that he would have been able to include debt into the case that he was making, skilled orator that he is. However, this is a dialogue and I would like to respond to a few of the points that the Minister made.
We have heard the rhetoric about tough choices a number of times in these debates and no doubt we will hear it again. I wonder whether we might get a second script. Perhaps we could work together on that and enjoy a variation on the theme. We on this side of the House accept that legal aid costs have to go down, and have said so. We understand what the Minister is saying but we think that we have other ways of doing that. However, the same question emerges whichever way you approach this: namely, in saving a cost on an annual basis are the Government providing value for money in the long run? We have severe doubts that that is happening.
As my noble friend Lord Howarth mentioned, debts are increasing although perhaps not quite in the way that he indicated. CCCS, the charity which I chair, receives approximately 500,000 inquiries a year. Our average client owes more than £25,000 to more than eight different lenders. These people have a debt problem. The debts are not necessarily related to housing, to which a different contractual basis often applies, but arise because people overstretch themselves. As I tried to say in my opening address, they also arise because other things happen to these people; for example, they lose their jobs, suffer bereavement or become ill. This is not an easy area to talk about. It is not helpful to be overly simplistic and talk about owner-occupiers whose mortgages are at risk when many of these people will be in rented accommodation. However, the problems arising from losing their homes will be just as bad. I do not see any solution coming forward for those people.
The main point that I was trying to get across in my address concerned the DRO effect. I am afraid that the Minister did not answer the question that I posed: namely, what fee will be necessary to enable this service to be continued? It is presently £90. It seems to me that it will go up to nearer the fee that is charged for a full bankruptcy of £900. What will happen to debt advisers? Will funds be available to keep that generic debt advice going, particularly in the citizens advice area? As we explained, the only reason that the DRO system has continued is that the debt advisers are largely paid for by legal aid funds. If that goes, are we saying that those people who are in severe difficulty with their debts will have to rely on a website, which they probably cannot access because they do not have the necessary equipment, or guidance in leaflets? I do not think that that is a satisfactory solution to what is clearly a very serious problem.
These are very difficult issues that are part of a broader context of social welfare law. We shall probably have to come back to them but in the interim I beg leave to withdraw the amendment.
Amendment 72 withdrawn.
Amendment 72A
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Stevenson of Balmacara
(Labour)
in the House of Lords on Wednesday, 18 January 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
734 c683-4 
Session
2010-12
Chamber / Committee
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Subjects
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Timestamp
2023-12-15 14:53:42 +0000
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