Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, the amendment would bring consumer law back into scope. Consumer law does not simply cover small issues that perhaps citizens advice bureaux or other organisations could speedily resolve. It can relate to much more significant claims: for example, professional negligence claims against members of my profession, against the professions of other noble Lords in the Chamber at the moment—heaven forfend—or against those who have custody of their clients' money in investment funds. I refer to people like Michael Brown, the well known donor to the Liberal Democrats, who managed to make off with £2.5 million of other people's money. There is a range of cases for which legal advice and assistance is clearly very important. In consulting on these matters, the Government made the obvious point that these cases are not of the same gravity as—to use a term that the noble Lord, Lord McNally, used earlier—issues of safety and liberty. That of course is true but does not take us very far. They can certainly affect people's lives as well as their fortunes very substantially. A range of claims might be brought that would be entirely out of scope and where, even if conditional fee agreements were obtainable —as they might be—questions would then arise about success fees, premiums and the like. It is incumbent on the Government to look again at the issue and acknowledge that, while generally these are not matters that threaten life and liberty, they can make a significant difference to a great many people in our society, and that there will often—though not always—be a requirement for legal advice and representation. In Committee, much was made of the funding that the Government had already announced, which was again foreshadowed tonight with reference to possible similar sums over the next two or three years. However, as my noble and learned friend Lord Goldsmith mentioned, many organisations are already facing significant cuts in their funding—particularly Citizens Advice, law centres and the like—at a time when demand for their services, even before the changes in the legal aid system come in, is already rising. I therefore hope that the Minister will feel able to indicate a reconsideration of the position as of tonight or, failing that, will agree to take this away and bring it back at Third Reading in the hope that we can accommodate the very real needs of many people who face considerable financial and, potentially, other losses as a result of failure on the part of those with whom they contract to deliver what is expected of them. I beg to move.