Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Dubs Excerpts

Tuesday 20th December 2011 Lords Chamber

[Lord Williamson of Horton]

My Lords, on an amendment such as this it is important that we look first at the substance. This is an important and substantive amendment, and in general I think it is a very good one. However, it is also important to look at the text. I have one point on the text which, if I may, I shall put via the Minister to the mover. The reason I do so is that the coverage is very wide; that is to say, the amendment covers employment, housing and education —not just other welfare services but a whole range of things that go very wide. My question concerns the phrase,

“in dispute with the state”.

To a lawyer that may be absolutely clear, but as a non-lawyer I am not clear about what is covered in terms of important bodies like local authorities and so on. They are part of the state, but are they fully covered? Such a range of things is listed here that I would like some clarification on that.

For example, what about a state-owned bank which is in dispute with its staff about employment? Is that or is that not covered? I do not want to make too much of this point because it is not a substantive one on the main objective but, if we have an amendment before us, it is quite important to understand what the intention of the mover is in relation to its coverage.

[Lord Dubs]

My Lords, I am in broad agreement with the amendment, although again I share the reservation expressed just now by the noble Lord, Lord Williamson, as to what is meant by the state. Does that mean central government, local government, public bodies or other agents of the state? That needs to be made clear because in some of these areas there might be a dispute with a local authority or even a housing association.

Anyone who has been a Member of Parliament or a local councillor will know that at their Friday evening and Saturday morning surgeries there will be people who come in on all these issues. The question then is where one refers them to. I am not absolutely clear whether the phrase,

“appeals on any point of law”,

is at a higher level or whether it refers to a first-instance tribunal. That may reflect my lack of legal background. However, if one has given advice as a Member of Parliament or as a local councillor, one has to become a little bit of an expert at triage in recommending where one’s constituents should go for more specialised advice. I used to have the social security handbooks so that I could look these things up, and one becomes not too bad at it. One is never an expert, but one needs to be good enough to know where to refer people, and hence I appreciate that the amendment talks about “advice, assistance and representation”. The reference to “advice” is important because we all know that if there is a dispute between an individual and the state or local government, the individual needs help.

I agree strongly with the noble Lord, Lord Phillips, that this is too difficult for people. Some of us, even the non-lawyers, might have enough experience and legal friends to give us advice, but for most people it is too daunting a prospect. We even know from our surgeries how nervous people can get about going to see their MP because MPs are authority figures. One needs to put them at their ease in order to discuss their issues with them. Expecting people to be unrepresented at a tribunal is simply an impossible suggestion. It is not going to work. People need further help in order to do that. So, while I like the amendment, I have my doubts about the word “state”. However, I hope that it will help the argument along on what is a very important part of the difficulty that this Bill presents us with.