Civil Legal Aid (Housing and Asylum Accommodation) Order 2023

Lord Bellamy Excerpts

Monday 23rd January 2023 Grand Committee

Moved by

[Lord Bellamy]

That the Grand Committee do consider the Civil Legal Aid (Housing and Asylum Accommodation) Order 2023.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, this statutory instrument will expand the scope of civil legal aid to allow early legal advice before court on housing, welfare benefits and debt issues for those at risk of losing their home. It will also ensure that failed asylum seekers who face a genuine obstacle to leaving the UK remain eligible for legal aid to support them in obtaining accommodation support from the Home Office. These provisions are made under the overarching legislation known as LASPO, which covers the grant of legal aid.

Going into slightly more detail on the changes to housing legal aid, the purpose of the instrument is to provide a better wraparound and earlier legal support for those facing the loss of their home. The current arrangements provide for legal aid only for help at court, whereas the new scheme allows for much earlier advice to be sought as soon as the tenant receives notice that the landlord seeks possession. At the same time, the scope of the advice now available will cover wider matters, including advice on debt, housing, and welfare benefits and related matters. In general, this is a wider and, we trust, more effective use of legal aid in this sector.

The order results from the post-implementation review of LASPO, where the absence of legal aid in this specific area was identified as a gap in the system that led to an increase in court proceedings, greater reliance on welfare and extra pressure on local authorities. The order seeks to help individuals to resolve problems before they lead to housing loss.

The advice will not be means tested, meaning that individuals will not need to pass any financial eligibility tests to receive it. The present in-court duty service, whereby defendants can be represented in possession cases at court, will continue. Under the remuneration regulations, we will ensure that fees for legal aid providers for those services are increased at the same time.

The other amendment the instrument makes is essentially purely technical: to ensure that legal aid for failed asylum seekers continues to be available so a failed asylum seeker can obtain accommodation support where they are destitute and there is an obstacle preventing them leaving the United Kingdom. The amendment is necessary because of a technical change tied to Sections 4 and 95 of the Immigration and Asylum Act 1999 to take account of a new Section 95A, to be introduced when the provisions of the Immigration Act 2016 come into force. That is a purely technical arrangement, the main thrust of the arrangements being the improvement of legal aid in housing. That is a short explanation of the statutory instrument.

[Lord Bach (Lab)]

My Lords, I thank the Minister for introducing the order. No one could have done it with more clarity than he has. I hope he will forgive me: while I of course welcome the small but important improvements the order represents, they are in reality just a tiny step and a little progress in dealing with the depressingly large picture of the decimation of an important part of our legal system, namely social welfare law.

That decimation occurred when the coalition Government put together, against all-party opposition and many defeats in your Lordships’ House, the Act of Parliament known as LASPO. That Act, which, ironically, came into force almost exactly 10 years ago today, has arguably done more harm than any other piece of legislation over the last number of years. No wonder the Liberal Democrats, who supported it as part of the coalition, have rightly distanced themselves from it. I detect that the governing party is perhaps just beginning to show, in instruments such as this, that it realises how much harm that Act has done in some areas.

--- Later in debate ---

[Lord Bellamy (Con)]

My Lords, I thank noble Lords for their comments. I pay particular tribute to the noble Lord, Lord Bach, for his earlier role in this area as a Minister. I will certainly reread The Right to Justice and ensure that members of my staff do, too.

If I may say briefly, regarding LASPO, it is probably not useful at this stage to go into the historical circumstances that led to that legislation. At the time, there were very large expenditures and there were thought to be some abuses in the legal aid area. It has remained a controversial statute, and the ministry’s post-implementation review, correctly carried out as post-legislative scrutiny, has revealed certain problems which we are determined to address.

On the wider issue, I hope that the Government will shortly be in a position to announce the result of the means-test review, which I hope will increase the scope of legal aid for many people. We have already announced a full review of the whole of civil legal aid, and I very much hope that that will be progressed during 2023.

If I may make a personal comment, it seems to me that an important issue is the role of early legal advice and how far intervening early saves the overall cost of the proceedings, quite apart from reducing the stress and strain of those concerned, and generally results in earlier resolution. That point was recently made so powerfully by the House of Lords Children and Families Act 2014 Committee, of which the noble Lord, Lord Bach, and others present are not entirely unaware, if I may put it like that.

It is important to say that the points that have been raised today will be borne in mind in the civil legal aid review that we are undergoing.

As to the problem of the sustainability of the providers and the problem of deserts, we are establishing, specifically in the housing area, a panel of experts to support providers. There may be some areas where the skills are less up to date than they could be. I am sure that the issues of deserts will feature in the civil legal aid review. It is to some extent mitigated by the arrival of remote technology in the meantime, because it no longer matters where your adviser actually is, although of course it is preferable to have someone who is geographically close.

I hope that these and other very important issues will be addressed in the future. I think the order results in a further £10 million towards the legal aid fund. It may be a small step, but I can only agree with the noble Lord, Lord Bach, that it is a significant step. I commend this Motion to the Committee.

Motion agreed.