Ministry of Justice: Legal Aid Spending

John Howell Excerpts

Thursday 22nd October 2020 Westminster Hall

[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I am grateful to the Chair of the Select Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), for securing this debate and for raising the points he has.

When I looked at the figures, the overall cut in expenditure for the Ministry of Justice since 2010 was about 38% and the reduction in legal aid spending was about 18%. My first question to the Minister is, was it worth it? Have we cut out a tremendous amount of abuse of the legal aid system, or have we merely tinkered away at the edges or cut out things that we ought not to have? In that context, and particularly in the context of the overall reduction in departmental spend, just how much have the changes that are occurring in the legal system been recognised? Have they been factored into the changes to its budget and to the legal aid budget? There has been an enormous advance away from litigation to mediation and arbitration. I must declare an interest as an associate of the Chartered Institute of Arbitrators, which I happily do. The Minister and I were talking about it earlier. He was amazed that I had the time to be able to carry on any work at all, but there we are. There is an important point here, however. Yesterday, I spoke at a very big event, with about 200 mediators and arbitrators. The question that came up was: what we can do in order to get the message out? Many of the disputes of the kind that the hon. Member for Westminster North (Ms Buck) has mentioned can be better sorted by mediation, and occasionally by arbitration.

I pointed out that when I did an Industry and Parliament Trust fellowship in the law, I sat for the first couple of times with a judge in the commercial court. Both cases were quite complex, but personal—one was a lawyer who was complaining about his treatment by a firm of lawyers. The judge made the point that they should go away and conduct mediation before they came back to him. I have no idea whether that person was eligible for legal aid, but the point is that mediation can sort things out much more quickly, and it can do it much more cheaply. As chair of the all-party parliamentary group on alternative dispute resolution, I am trying to get that emphasis on mediation and arbitration pushed through the whole of Government and outside, so that people are able to take it on. There have been great successes. In family law, many people take mediation before they go into divorce proceedings, and I know from my own experience that that is done at a cut-price level. Again, I ask the Minister: has that been factored in? Is it part of the benefit that we are getting out of the reduction in legal aid?

The Chairman of the Justice Committee mentioned not-for-profit legal organisations, which provide a lot of experience. Education is needed there, too, about the fact that mediation is a better way of approaching things than going for expensive litigation in the first instance. I am pleased that the Government have put almost £5.5 million into that, but they need to look at the role that not-for-profit legal organisations play and whether they can be used in a far better way.

There is no doubt that this covid experience that we are all going through has changed how people access and want to access legal services. I am sure it has meant that a lot more people want to go for mediation and arbitration, rather than litigation. We should seize the moment to press these points home, enable people to do that and encourage the development of these skills in the legal profession, but not just there—one of the great advantages of mediation is the breadth of the types of people who have the skills to conduct it. I have to say that I think politicians are ideal to conduct mediation. We deal with it all the time when we resolve disputes between constituents and big organisations. I do not know about hon. Members in the Chamber, but I certainly approach that with a mediation bias, and use the skills that I have acquired in the process of looking at this. A lot of work could be done to ensure that the provisions are there for litigants in person to be provided with the right sort of legal aid to take this forward.

I will end on two questions to the Minister. First, what are the challenges for the future of legal aid, and has he taken mediation and arbitration into account? Secondly, what has been the impact of covid on legal aid? That is the basis on which we seek to provide the access to justice that so many people want, but they do not necessarily want it in court. As long as they get their access to legal justice somehow, they are very happy with that sort of solution.