Domestic Violence Victims: Cross-Examination

Karl Turner Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

I certainly believe it important to pay tribute to Jill Saward, who suffered the most vile ordeal, yet showed through the rest of her life what a wonderful person she was, by campaigning for others and doing a tremendous amount of charity work. She was a model, and someone who set an example of being good. Yes, I would like to pass on the law that applies to criminal cases into family cases, so that we can tackle the sort of abuse that has been described.

[Karl Turner (Kingston upon Hull East) (Lab)]

I declare my interest as a member of the Wilberforce barrister chambers in Hull, although I am not currently practising. I welcome the Justice Secretary’s position to bring forward a review on this important issue, but the Minister will know that this was created as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The truth is that the vast majority of people today are refused legal representation in family proceedings unless they can prove domestic violence, which is virtually impossible to prove. The Government should bring forward a review of LASPO, which is not working. They should do something about it.

[Sir Oliver Heald]

I do not agree with the hon. Gentleman, but there will be a review of LASPO. It is something that we have promised, and the date by which it has to be completed is April 2018. We are committed to that. As for family proceedings, I think it right that families can come together in many cases and reach agreements, so we do not have the problem that the hon. Gentleman outlined. Where abuse is present for a significant number of individuals, it is important that in those cases the individual who is the victim should not be cross-examined by the alleged perpetrator. That is what we want to solve.

HMP Birmingham

Karl Turner Excerpts

Monday 19th December 2016 Commons Chamber

[Elizabeth Truss]

I will look at the issue that my hon. Friend raises.

[Karl Turner (Kingston upon Hull East) (Lab)]

I thank the Justice Secretary for the time she afforded me earlier to discuss the incident at HMP Hull at the weekend. She will know that Rob Nicholson, the Prison Officers Association rep in Hull, described the situation at the weekend as a

“powder keg...waiting to go off.”

The prison was put on lock down and was said to be on the brink of riot. Prison officers tell me that they are afraid to go to work. What can she do to assure the public and those prison officers that they are safe to go to work?

[Elizabeth Truss]

I have discussed with the head of the Prison Service the two specific incidents at Hull, which were dealt with. The issue is being dealt with across the board.

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 6th December 2016 Commons Chamber

[Dr Lee]

Of course the initial assessment is important, as is who does that assessment. In addition to our work on that, the care following the assessment and ongoing care, as well as the observation of prisoners, are being closely looked at.

[Karl Turner (Kingston upon Hull East) (Lab)]

My hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) asked the Secretary of State when she had last visited a prison’s mental health service. Suicide in prisons is at a 25-year high. It is utterly disgusting that neither the Health Secretary nor the Secretary of State for Justice has visited prisons to see what is going on. What is happening?

[Dr Lee]

As I have said, each of those suicides is a tragedy. The Government are fully aware of that, and I am aware that the Secretary of State for Health will be visiting a prison. I was at Peterborough prison last week discussing mental health provision there, and I visited the mother and baby unit at the same time. I am under no illusions about the challenges involved in addressing the problem. We are fully aware of the problem and I intend to make further statements on the subject because the mental health of prisoners is such a key problem.

Prison Officers Association: Protest Action

Karl Turner Excerpts

Tuesday 15th November 2016 Commons Chamber

[Elizabeth Truss]

I thank my hon. Friend for her question. The prisons Minister will be visiting HMP Lewes on Friday, when he will follow up some of the issues she raises.

[Karl Turner (Kingston upon Hull East) (Lab)]

We have nearly 7,000 fewer prison officers in our prisons than in 2010. The Secretary of State is now desperately trying to recruit 2,500 prison officers, yet she comes to that Dispatch Box and attacks prison officers for taking desperate measures because their safety is at risk every day. How does she think that will help with recruitment?

[Elizabeth Truss]

I support prison officers, who do a fantastic job. The people I am attacking are those in the Prison Officers Association who have called this illegal action, despite the fact that we were in talks with them and there was an offer on the table, which has not been responded to. I wholeheartedly support the good work of prison officers across the country, and I want them to benefit from the improvements we are making on the frontline and to safety. We are launching a new apprenticeship programme to recruit more people, and we have a new programme encouraging the brightest and best graduates to become prison officers. Of course these things will take time, but I have also talked today about the measures we are taking in the short term to stabilise the situation in our prisons.

Prison Safety and Reform

Karl Turner Excerpts

Thursday 3rd November 2016 Commons Chamber

[Karl Turner (Kingston upon Hull East) (Lab)]

Is not the truth that we have 3,500 fewer prison officers in our prisons than in 2010? At the same time deaths and suicides in prisons are dramatically up, and assaults on prison officers are up as well. Will the right hon. Lady just come to that Dispatch Box and say, “I admit it: too little, too late”?

[Elizabeth Truss]

I have been clear that staffing is an issue. That is why we are investing in 2,500 more prison officers, but it is not the only issue. We also have an issue with drugs, drones and phones, which we are dealing with, and we have just rolled out testing for new psychoactive substances such as Spice and Black Mamba, which the prisons and probation ombudsman has said have been a game-changer in the system. We are also changing the way we deploy staff, so that there is a dedicated officer for each prisoner, helping keep them safe, but also making sure they are on the path to reform—getting off drugs, getting into work and getting the skills they need to succeed outside.

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 1st November 2016 Commons Chamber

[Sir Oliver Heald]

It is important that legal aid is available in the most serious cases, such as those in which life or liberty is involved, a person’s home is at risk, domestic violence is involved, or children are being taken away from their families. That is the legal aid provision that we have here. The hon. Lady claims that that is a two-tier system, but we claim that it is one that is targeted on need.

[Karl Turner (Kingston upon Hull East) (Lab)]

I should declare an indirect interest, in that my wife is a legal aid solicitor and part-time judge. The previous Lord Chancellor promised a review of LASPO. The legislation has not worked. It is a complete and utter shambles, and it urgently needs a review. When will it be properly reviewed?

Oral Answers to Questions

Karl Turner Excerpts

Tuesday 6th September 2016 Commons Chamber

[Elizabeth Truss]

This is an important reform; we need to get it right. We will be introducing proposals in due course. We will deliver on this manifesto commitment.

[Karl Turner (Kingston upon Hull East) (Lab)]

Which convention rights does the Justice Secretary propose to leave out of the Bill of Rights?

[Elizabeth Truss]

I thank the hon. Gentleman for his question, and I remember with fondness our time together on the Justice Committee, where he had many good thoughts to put forward. We will be putting out our proposals in due course, which will discuss these issues in detail, but one of the important points is that we want the ultimate arbiter of those rights to be the Supreme Court of the United Kingdom.

Courts and Tribunals Fees

Karl Turner Excerpts

Monday 4th July 2016 Commons Chamber

[Karl Turner (Kingston upon Hull East) (Lab)]

I am pleased to be called to speak in this important debate. I start by declaring an interest: my wife sits as a fee-paid, part-time tribunal judge in the social entitlement tribunal and is a criminal solicitor receiving public money. Prior to my election to this House, I was with Wilberforce barristers chambers in Hull, where I practised criminal law, and recently I have re-enrolled—if that is the right term—as a solicitor.

In my respectful opinion, the Select Committee Chairman, the hon. Member for Bromley and Chislehurst (Robert Neill), goes about his business fairly and is entirely impartial and objective. I welcome the Committee’s report and recommendations urging the Government to publish the impact of employment tribunal fees and its proposal that fees must be substantially reduced. It is worth noting—I make a party political point here—that Labour, in opposition, when the fees were being considered and discussed, opposed them absolutely. We opposed them throughout the debate. I remember attempting to speak to Ministers to make submissions directly to them. I cannot remember whether I got a sit-down meeting, but I do recall chasing them through the Lobby, telling them what problems I thought the fees would create and what the consequences would be.

We also opposed and voted against the statutory instrument, because we knew from the evidence from the experts, from people contacting us, from the unions and Citizens Advice briefings, from the Bar Council and the Law Society—from anybody who knew anything about it—that the fees were unlikely to work. The number of tribunals has dropped by a massive 70%. We are talking huge percentages. We cannot begin to pretend—I doubt that the Minister, in good conscience, would get to the Dispatch Box and pretend—that the majority of those cases were unmeritorious. I do not think that the Government would say that. So what does it mean? It means that people are being shut out of accessing justice. I pay tribute to Unison the union for bringing legal challenges in judicial review. The latest case is to be heard by the Supreme Court later this year. I will not predict the outcome, but it seems to me, as a lawyer, pretty favourable to the union.

When the fees were introduced, the Government told us they were to pay for the employment tribunal service’s running costs, but it is not working. In 2014-15, the Ministry of Justice said that the net income from the fees was £9 million, but the expenditure of the service is £71.4 million. Thousands of workers are being shut out of seeking justice. That leads me to think that this is purely ideological. The Justice Secretary has overturned so many of the policies of his predecessor Lord Chancellor that the rumour in this place is that he is considering changing the name of his children. It would not harm anybody, would it, if he just said, “Look, this isn’t working. We didn’t expect this to be the fiasco it has become”? We can do something about this. We should scrap the fees, and we should scrap them now.

Access to Justice: Vulnerable People

Karl Turner Excerpts

Tuesday 19th January 2016 Westminster Hall

[David Mowat (Warrington South) (Con)]

I congratulate the hon. Member for Aberavon (Stephen Kinnock) on raising this subject for debate. I did not intend to make a speech today, but in the absence of other colleagues I thought I would have a go.

Not one Member of this House regards access to justice as something that should be restricted to the rich, and nobody thinks that ensuring that people have access to fair trials and that the criminal and civil justice systems work are not serious issues. When the coalition Government came to power in 2010, it had already been flagged by the previous Government that changes to legal aid were in train. The hon. Gentleman did not set out which of the Government’s changes to legal aid the Opposition agree with. I presume they agree with some of them; perhaps the shadow Minister can tell us which.

[Karl Turner (Kingston upon Hull East) (Lab)]

I am grateful to the hon. Gentleman for giving way so early. I think he is about to tell us that the previous Labour Government would also have made cuts to various Departments and that the Ministry of Justice would have taken a hit, but the reality is that the coalition Government and this majority Conservative Government have made a shocking mess of the justice system. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 cut hugely the number of vulnerable people who have access to the courts. The hon. Gentleman should not lecture the Chamber about the fact that the previous Labour would have cut. We accept that we would, but this issue is not about just cutting. The Government have been completely and utterly incompetent.

[David Mowat]

I thank the shadow Minister for his lengthy intervention, during which, I note, he did not answer the question I asked him. He will get a chance later to tell us which of the coalition Government’s changes to legal aid the Opposition support. Presumably they support some of them or would have done something else altogether.

Access to justice matters, and all of us have constituents who are affected by it. We heard that the Bar has been threatening to go on strike over some of the changes. I want to talk about the structure of how we do law in this country, because perhaps something is wrong with it. There were 2,500 practising barristers in 1980 and 15,000 in 2010, and there are 16,000 now. The Bar has grown hugely as legal aid costs have grown. I am not saying that is wrong—a very large number of talented people work at the Bar—but it is not indicative of a profession under major stress.

I do not want to make a cheap point about earnings at the Bar, but I will say this. A significant minority of practitioners earn from criminal legal aid sums significantly in excess of how much the Prime Minister is paid.

[Karl Turner]

rose—

[David Mowat]

One moment, and I will certainly give way.

That is not to say that salaries at the Bar are too high in general, but it is an issue. No other public sector employees—I accept that the Bar is independent, but perhaps that is one of the issues—earn money of that kind. Think of how much surgeons in the national health service earn.

[Karl Turner]

Come on!

[David Mowat]

I will certainly give way, and perhaps this time the shadow Minister will answer the question.

[Karl Turner]

The hon. Gentleman is about to begin the fat cat lawyer argument, but the reality is completely different. The reality is this. A criminal solicitor, for example—

[Mr Adrian Bailey (in the Chair)]

Order. May I remind you, Mr Turner, that interventions should be short? We are not too constrained by time, and you will have a generous amount of time to make it up.

[Karl Turner]

I am obliged, Mr Bailey, but I wonder whether you would just let me make the point. A criminal solicitor, for example, of about five years’ experience earns about £28,000. A criminal barrister with the same experience earns about £30,000, but is self-employed. Perhaps the hon. Gentleman could visit his local chambers and make that argument to members of the Bar and criminal solicitors.

[David Mowat]

I thank the shadow Minister again for his intervention. I make the point again, because I chose my words carefully, that a minority of barristers earn from criminal legal aid—that is, the public purse—sums in excess of what the Prime Minister is paid.

[Karl Turner]

Silks.

[David Mowat]

That is not the case with professions such as medicine—for surgeons and so on.

--- Later in debate ---

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always a privilege to serve under your chairship, Mr Bailey.

To declare my interests, my wife is employed as a criminal duty solicitor and part-time judge and, before my election to the House, I was a member of Wilberforce barristers’ chambers in Hull. I was a junior member of the Bar and certainly not earning “fat cat” moneys, as the hon. Member for Warrington South (David Mowat) might want to believe.

I congratulate my hon. Friend the Member for Aberavon (Stephen Kinnock) on securing this important and timely debate. It could not have come at a better time, because the commission chaired by Lord Willy Bach is as we speak hearing evidence from experts in the professions on how we deal with this problem of access to justice and legal aid.

The Bach commission was established by my right hon. Friend the Member for Islington North (Jeremy Corbyn), the leader of the Labour party. It is fair to say that the Leader of the Opposition understands legal aid. He, unlike any other leader of a political party that I can remember, actually gets it, as no one else has done. He understands it, he cares about it and, as a result, he has established the Bach commission to look at access to justice and legal aid. He is also doing that in a non-party political way.

Members of the commission have been appointed by Willy Bach not because of their politics or any sort of association with or affiliation to any political party, but, on the contrary, because of their expertise and their knowledge not only of legal aid and access to justice, but of other things. For example, one member, a particularly huge asset to the commission, is Tanni Grey-Thompson, who is also providing expertise in relation to disability. So the commission is non-partisan and we hope that it will come to a view on how we provide access to justice for the most vulnerable people in our society.

It has to be said that the Government have made a real mess of access to justice and legal aid. Since 2010, advice-and-assistance matter starts in social welfare have gone from 471,000 down to 53,000, a drop of 91%. So more than 400,000 people are now not provided with the opportunity to receive legal advice and are not given the chance to access the courts. They are often left paddling their own canoe, faced with extremely complex issues of procedure and law, and left to do all that on their own.

In reality, no money is saved, because the courts are delayed. Judges are complaining constantly, privately in the main, but complaining none the less that cases are delayed while litigants in person are left fending for themselves, trying to navigate through complex areas of procedure and law. There is no real saving.

Following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, exceptional case funding was supposed to help people who are denied access to lawyers. I think this is right—I will be corrected by the Minister if I am wrong—but last year, for example, only 394 applications were granted under the scheme, rather than the 3,700 or so estimated. Clearly, the system is not working.

The Government might be about to reintroduce the residence test. They got excited about that and were pleased that the judicial review was successful, in that the Government won, but the lord justices who heard the case for review were not considering the practical effects of the residence test. They were simply deciding whether the residence test was legal or “Wednesbury unreasonable”; they were not considering whether the test itself was practical or could be implemented successfully. To reintroduce the residence test would be a huge mistake. I have not heard from a lawyer who has been able to explain how it would work. I have asked the Minister, too, how it would work. Will he explain exactly how he intends the residence test to work in practice?

As for criminal legal aid, the Government are now attempting to implement a system that will see the number of duty contract providers reduced from some 1,650 to 526. There has been a cut of about 17.5%. The Government say that the number of providers needs to be reduced and consolidated, in order to allow them a profit on their work. The system, however, cannot work. It will not work and the Minister knows that it will not work. It is undergoing litigation, but the reality is that the Government have made a terrible mess of the duty criminal contracts since 2010. It was needless, in truth, but the entire thing is in a terrible mess now, to the point of a whistleblower coming forward. The whistleblower was employed through the Legal Aid Agency to help with the procurement exercise and was able to explain how chaotic the entire system was.

Last night I received an email from a criminal law solicitor, Mr Andrew Gurney of Gurney Harden Solicitors in Ashford. I will not read the entire content of the email, but that firm of solicitors was successful in its application for six contracts. Mr Gurney makes the point:

“We were involved in 6 successful bids and our early estimates put our costs at £30,000”—

so he knows. He knows that the system is impossible to implement. His firm has spent £30,000 in applying for contracts that everyone knows will probably not happen, because everyone knows that it is impossible to implement the system.

The system is not fit for purpose, and the Government have been warned about it. The Justice Secretary privately accepts that the idea of removing more than 1,000 firms of solicitors and leaving some areas without access to duty solicitors is unmanageable. So even Ministers privately believe that access to justice for the most vulnerable people will be denied as a result of the Government’s plans to implement a system that is absolutely chaotic. It is time that the Government listened to people who know better than them.

That brings me to the point made by the hon. Member for Warrington South. We need consensus. We need to put politics aside. It is all right for me to come here and attack the Government—I enjoy that—but the reality is that will not get us anywhere. We need to sit down and accept that people need access to law. As my right hon. Friend the leader of the Labour party has said, that ought to be considered a basic human right. If the state is taking on an individual, surely the most basic thing required of a civilised society is to allow that individual access to people who have experience and expertise in the area of law that they are trying to navigate.

[Jo Stevens]

It is somewhat ironic that, later on this morning, the Minister for Human Rights will be appearing before the EU Justice Sub-Committee because the Government have not implemented a European directive adopted by other member states in 2013 that gives criminal suspects a right to access legal advice following arrest.

[Karl Turner]

I could not have put it better myself. My hon. Friend makes an important point.

It is time that we grew up. The Bach commission, with its cross-party members—I suspect some appointments are political and some non-political—chosen for their expertise only, not for their politics, will hopefully come to a view that can save money while providing access to the courts, lawyers and justice. As I have said, we need to do that in a non-partisan, non-political way. I sometimes find that difficult to manage, but it is crucial that we grow up.

Before I finish my remarks, I will mention the point made by my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith). I think we have seen a drop of 80% in employment tribunals. The hon. Member for Warrington South talked about people in the law profession earning more than the Prime Minister, but we now have employment judges sitting idly in tribunals throughout England and Wales with no work to do because of the fee that needs to be paid for a tribunal to be heard.

Women want to raise serious issues. I think of a case that I advised on pro bono and referred the woman to a solicitor: she had told her employer that she would take maternity leave at some point in the not-too-distant future and he said, “Well, that’s not very convenient. I’m afraid you’ll have to find something else to do for a living.” I think she needed to find £1,300 to get her case to a tribunal, but she could not possibly afford that. I managed to find a solicitor who was prepared to act for her pro bono, but she still did not have the money—it would have taken her several months to save that up.

Sadly, the reality is that employers react to those cases only once the money is paid in. Before that, they do nothing—they are using that as a tactic. Therefore, while terrible employers such as that would have to settle if the case were taken to tribunal—they would not get anywhere near success, because they had clearly been discriminatory—because the woman concerned could not get the £1,300 together, she was at the stage of saying, “Fair enough, I give in.” The statute bar in employment cases means that people have to get their act together within three months and she could never have managed to save that money up in that period.

I do not know whether I am making this point well or not, but it is not about saving money because we have employment judges with no work to do. It is purely ideological. There is no reason for it—it does not save a penny.

[Jo Stevens]

Does my hon. Friend agree that another consequence is that while there are lots of good employers, bad employers, because of the tribunal fees, can get away with unlawful practices and they have no incentive to change their behaviour to become good employers?

[Karl Turner]

Absolutely. I know the Minister well, I think, and he does not want a situation to arise where employers get away with treating their staff badly. I do not think he wants that for a second, but that is an unintended consequence of the Government’s policy and it needs to change. It comes to something when the Lord Chief Justice comes out of his comfort zone as a senior member of the judiciary and criticises Government policy. It is appalling.

I will finish on this note. The hon. Member for Warrington South—

[David Mowat]

rose—

[Karl Turner]

I give way to the hon. Gentleman.

[David Mowat]

The hon. Gentleman has mentioned me four times in his remarks, but he has yet to answer the question I put about which changes to the legal aid system the Opposition support. I want to ask him about his interesting comments on residency, because the Opposition reject the proposed changes to be used, at least in part, to prevent prosecutions against British soldiers in Iraq, which among other things led to Al-Sweady. Does he propose any changes to that mechanism, or is he sanguine about the fact that we are the only country in the world that pays people to sue our soldiers? I am genuinely interested in that.

[Karl Turner]

With respect, I am not prepared to go into the hon. Gentleman’s Daily Mail-reading fraternity line. Frankly, that is outrageous. One thing I think the Bach commission will establish is consensus of opinion, so I will not make Opposition policy about the residence test on the hoof, but it is disgraceful that women who have been trafficked will probably be refused access to law as a result of the Government’s proposed changes.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

indicated dissent.

[Karl Turner]

I think the Minister may be saying that that is not correct.

[Mr Vara]

There are exceptions.

[Karl Turner]

Of course there are exceptions, but we have seen how exceptions have failed. The Government must be careful. I finish on the point made by the hon. Member for Warrington South—

[David Mowat]

Mr Bailey, may I come back on that? As it happens, I do not read the Daily Mail, but clearly the hon. Gentleman does.

[Mr Adrian Bailey (in the Chair)]

Order. I point out, Mr Mowat, that it is the privilege of the Member speaking to accept your intervention, not me.

[Karl Turner]

indicated assent.

[David Mowat]

I thank the hon. Gentleman. We have talked about how the country is on a slippery slope on access to justice, but can he name any other country whose criminal justice system pays people through criminal legal aid to sue its own Army?

[Karl Turner]

The hon. Gentleman is desperate to get me on to that. He mentioned fat-cat lawyers who earn more than the Prime Minister, so he was probably referring to the Prime Minister’s brother who is an eminent member of the Bar and Queen’s counsel barrister reported to have earned £1 million. What he does not mention is that some of that £1 million was probably paid privately—it is very unlikely that he earned £1 million from criminal legal aid. The hon. Gentleman mentioned the issue, and I was reluctant to comment on it, but I am afraid he tempted me too much.

[David Mowat]

rose—

[Karl Turner]

I am not going to take a further intervention from the hon. Gentleman, because, frankly, he has nothing to offer that would benefit the debate.

Again, I congratulate my hon. Friend the Member for Aberavon on securing this important and timely debate. We now need a consensus. We need the Government to listen. In my respectful opinion, the new Justice Secretary has had the sense to change policies of his predecessor’s that were wrong, and there are things that he can put in place to mitigate what has been an unmitigated disaster in the justice system. I invite the Minister to respond to the comments that have been made by hon. Members in all parts of the Chamber.

--- Later in debate ---

[Karl Turner]

Will the Minister kindly explain how the residence test will work in practice?

[Mr Vara]

Clearly, we have said that someone has to be here for a minimum of 12 months. We will ensure that when an application is made that criterion is fulfilled. If the person is in one of the exceptional categories, the criterion will not apply.

[Karl Turner]

Let us say that a solicitor is taking instructions from a client. What evidence will be needed to prove habitual residence in the United Kingdom?

[Mr Vara]

The hon. Gentleman is an experienced barrister and an experienced politician. He will appreciate that the function of this House is to put policy into implementation, by ensuring that it becomes law. The practical process will need to be thought out—[Hon. Members: “Ah!”]—as is the case with every other measure introduced by the present and previous Governments, and during the 13 years when the hon. Gentleman’s party was in government, and even before that. That is something that will be dealt with and resolved.

The hon. Member for Strangford (Jim Shannon), for whom I have huge respect and regard, spoke passionately; but he will of course be aware that the matter is a devolved one. I wish him well in his dealings with David Ford, with whom I too have had dealings. To the extent that it will help, I will certainly tell him the next time I see him that the hon. Gentleman was speaking passionately and would like him to give a sympathetic ear when he raises the issue. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) will appreciate that, again, the issue is a devolved one; but he has put his views on record—including in our little dialogue during my speech.

I am grateful to my hon. Friend the Member for Warrington South (David Mowat) for bringing a realistic perspective to the debate, and for pointing out the reality of the situation. He repeatedly asked the shadow Justice Minister which of the cuts that we have made his party would reverse. I am not surprised that no reply was forthcoming, because in an interview with The Guardian on 30 January 2015, the former shadow Lord Chancellor, the right hon. Member for Tooting (Sadiq Khan), said:

“I don’t have a magic wand to wave. I can’t commit to reverse the £600m cuts to legal aid made by the Tories and Lib Dems. We will still have to take tough decisions on reducing the deficit.”

However, it was not only the former shadow Justice Secretary who took that view. The person in his team dealing specifically with legal aid, the hon. Member for Hammersmith (Andy Slaughter), was interviewed by John Hyde of The Law Society Gazette on 24 September 2014:

“‘We’re not going to get in a Tardis and go back to before,’ he said. ‘We are in a world where resources are tight and it would not be right to pretend otherwise.’”

The article goes on:

“Slaughter conceded that the Labour party would have been forced to make cuts to family law funding and promote mediation as a cheaper option. He added that a Labour government would seek to promote and improve mediation services on offer.”

He is quoted as saying:

“‘We are going to be honest about the tightness of resources—we can’t tackle everything immediately and other elements”

of public spending

“will have a higher place in the queue.’”

--- Later in debate ---

[Mr Vara]

The hon. Lady seeks to justify the fact that her party says it will not make cuts reversals of £600 million by saying, “There you are.” Of course we support mediation. In fact we have said that in family cases where there are divorces, rather than the two separating parties engaging solicitors and then barristers, and then going to court—all paid for by the taxpayer—it is far better for them to sit around a table, trying to have a constructive dialogue with mediation. That way of reaching a solution is preferable.

Given that the shadow team has said it would not make any cuts, perhaps its members could reflect on whether the next time one of them speaks they might be supportive of our proposals, rather than simply saying, “Don’t reduce.”

[Karl Turner]

Will the Minister concede at least that the leader of the Labour party has set up the Bach commission, to look at the issue of access to justice? It would be constructive for Ministers at least to acknowledge that. It is true that my colleagues said previously that they could not just wave a magic wand—of course not; but some of the cuts were badly made and chaotic. Areas—swathes—were taken out of the scope of legal aid, with the consequence that the most vulnerable people suffered; and the reality was that that did not really save money.

[Mr Vara]

I refer the hon. Gentleman to the comments I just made—that his party’s shadow team said it would not reverse any of the cuts. That kind of contradicts what he says; but as far as Willy Bach is concerned—and he is a man for whom I have much respect—I wish him well with his commission. The hon. Member for Kingston upon Hull East (Karl Turner) will be aware that we have said there will be a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 three to five years from its implementation. That will be a thorough review in relation to the way forward.

I want to mention some other points made in the debate. The hon. Member for Aberavon referred to some research conducted by Rights of Women, showing that 38% or 39% of women do not have the evidence needed to apply for legal aid. That research was based on responses from 61 people, which I hope even the hon. Gentleman will agree is a small sample—much smaller than researchers would ordinarily use to generalise across the wider population.

There is much debate about the amount of work available and the number of lawyers around to do it. The Law Society has itself accepted that there are far too many people chasing too little criminal work. We must recognise that the legal profession needs to take a wider look—not just at legal aid—at how things are going. In a relatively short time the structure of the legal profession has changed. There was a time when there were simply solicitors, barristers and legal executives; but now barristers in particular face competition from solicitors who have higher rights of audience than previously. There are more people wanting to qualify as barristers, as well. Alternative business structures are coming on the scene. That means that more and more people are chasing the same amount of work.

Draft Legal Services Act 2007 (Claims Management Complaints) (Fees) (Amendment) Regulations 2016

Karl Turner Excerpts

Thursday 7th January 2016 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always an absolute pleasure to serve under your chairship, Mrs Gillan. The Opposition do not take issue with the regulations; on the contrary, we welcome them. The only criticism we might have had is that they seemed to take a long time to be implemented in the first place. If memory serves, they were first discussed in February 2012 and were implemented in August last year.

I have only one question for the Minister: given the shortfall of £500,000 in the first year, what steps will he take to ensure that we do not see a continuous shortfall and a ratcheting effect, requiring us to come back to Committee, perhaps annually, to increase fees? With that said, we have nothing further to add.