Public Legal Education

Robert Buckland Excerpts

Tuesday 15th May 2018 Westminster Hall

[The Solicitor General (Robert Buckland)]

I will do that, Mr Streeter. It is a pleasure to serve under your chairmanship, as it was under Mr Pritchard’s. It is almost a challenge for me to fit into the few minutes I have, everything I want to say on a subject I have a long interest in and passion for.

I thank my hon. Friend the Member for North East Hampshire (Mr Jayawardena) for reminding us clearly and comprehensively about the unwritten contract, the Burkean principle that is so important to many of us, and for reaching into the present day by illustrating some of the excellent initiatives going on around the country. I will come back, if I may, to some of the observations made by the shadow Solicitor General and the hon. and learned Member for Edinburgh South West (Joanna Cherry), but I will begin by reminding everyone what public legal education, or PLE, is.

PLE provides people with vital awareness, knowledge and understanding of their rights and those of their fellow citizens. It builds their confidence and the skills that are needed to deal with the disputes that no doubt encroach on the lives of many of us, and it ensures effective access to justice. I was at the independent Bar for many years before I was elected to this place, and I played my part in the delivery of public legal education in schools and colleges in south Wales. I wanted to bring that experience with me into my role as Solicitor General. It is ever more important to ensure that the people of our country understand the law and their rights and responsibilities within it. Public legal education breaks down barriers of knowledge, circumstance and access. As we have heard, PLE is provided by myriad community-based organisations—youth workers and health workers, for example, and legal professionals themselves—all doing their part to ensure that particularly those people with social and economic disadvantages can still get the support they need.

The shadow Solicitor General made the observation that legal aid is a pillar of the welfare state. It is more than that; it is about access to justice. Both he and I, as practitioners, have seen Governments of various colours take legal aid measures that have resulted in reductions in overall eligibility, and the remarks of the hon. and learned Member for Edinburgh South West were particularly interesting in that regard. Frankly, I do not think that any Government have got it absolutely right. I could go into a long history lesson about how in 1949 only High Court family cases were eligible for legal assistance and that under successive Governments that assistance was enlarged to a point at which under the Thatcher Government—some would think this almost ironic—84% of the population of England and Wales had some form of eligibility for legal aid.

[Joanna Cherry]

An independent report published just a couple of months ago shows that 70% of the population of Scotland is eligible for legal aid, yet less is spent per capita on that aid than in England. With a bit of imagination, there could be wider availability of legal aid in England. Scotland shows that it can be done.

[The Solicitor General]

I am always interested in the hon. and learned Lady’s observations, but I am not sure whether 70% coverage is the right balance. I will consider with interest what she has said and study the issue more carefully, rather than making remarks that are not based on a full study of the evidence. I will, however, concede the point that public legal education is not some substitute or easy fix for eligibility for legal aid. It is a much more long-term approach, which focuses naturally on children and young people and is designed, above all, to give people the knowledge and the wherewithal to avoid the pitfalls of litigation and court proceedings in the first place. We have a very different aim in mind when it comes to spreading the provision of PLE. I pay tribute to all the organisations in Scotland that do so much work, the law clinics in particular, which the hon. and learned Lady mentioned—we have those in great measure too south of the border.

It is not just motherhood and apple pie; there is a statutory underpinning to public legal education in the Legal Services Act 2007 which, among its regulatory objectives refers to

“increasing public understanding of the citizen’s legal rights and duties”

and

“improving access to justice”.

It is not an option for the Government, or indeed any of the regulatory bodies, to neglect those objectives. I am glad that the Law Society, the General Council of the Bar and the Chartered Institute of Legal Executives here in England and Wales play their part in ensuring that PLE is spread as far and wide as possible within the professions. Both the Attorney General and I, as the pro bono champions of the Government, work closely with those involved in PLE and support initiatives to increase its profile and reach more members of the public.

[Dr Poulter]

I come back to my earlier intervention, and put the same question to my hon. and learned Friend. There is a challenge, despite the best efforts of the Law Society and the Bar Council in encouraging pro bono work, as some of the big law firms, which are all about billable hours, do not free up enough of their solicitors to do important pro bono work. What does my hon. and learned Friend think the Government or the Law Society could do to encourage a more responsible approach from some of those firms?

[The Solicitor General]

My hon. Friend makes an important point. For those of us who were in the full throes of private practice, very often the delivery of PLE was a better use of our time than our having to immerse ourselves in often very unfamiliar areas of law, with all the concomitant risks. My message to the big firms is: where there is an issue about availability, allow members of the team to go into schools first thing in the morning. I have seen that in several state schools in London. I have joined employed barristers and solicitors helping to deliver citizenship foundation courses, for example in social media law. To see the engagement and sense of ownership that young people have when talking about issues so close to their everyday lives—when they suddenly understand that law is not some remote, dusty concept, but reaches into their existence and everyday experience—is quite a sight to behold.

I want to outline and underline the work that we are doing with the public legal education panel, which has been formed from leading organisations in the field to promote the importance of that work. It was convened by me last year. It involves the professions and organisations such as the Citizenship Foundation and Law for Life. We are bringing together organisations in a joined-up way to help work out where the need is and what the provision is currently. I have two sub-groups working on those issues.

There are two types of PLE. “Just in case” PLE is all about ensuring that people have skills, information and knowledge about their rights. “Just in time” PLE is all about giving people knowledge and support when a legal issue happens to arise. Both types of provision are equally important, and we are working our way towards getting a better understanding.

Through organisations and such events as National Pro Bono Week, I can champion the importance of PLE through the community, whether it is delivered in schools, to people who are homeless or those in prison, who really need to understand their rights and, most importantly, their responsibilities. Last year during Pro Bono Week, I took part in a session on social media and the law being delivered by university students to local secondary school pupils in Chester. It gave young people a chance to learn about their rights and the surrounding law. One issue that arose was the increasing problem in schools of young people taking videos of fights and other incidents in the playground. The session was about understanding what the sharing of those videos meant for privacy, the rights of the individuals involved and the problems that we are all familiar with here, but which all too often young people sadly only learn about to their expense after the event. I was proud of and impressed by the commitment of the university students delivering the sessions. That has been backed up in recent months by my experience at the Kent law clinic at the University of Kent in Canterbury. Law students there are not only delivering support and advice to members of the public; they are also helping to spread public legal education more widely.

We have some shining examples of the work that is going on, and I pray in aid the work of His Honour Judge Wildblood, QC at the Bristol family court. He is allowing his court to be used for public debates about the law. He is even using local drama groups to help to educate young people. He is bringing together the legal community in Bristol and the surrounding area in a most effective way. With that sort of leadership, many great things can be achieved but here, Mr Streeter, is where you and other colleagues come into play. As has been said by many Members, including my hon. Friends the Members for Walsall North (Eddie Hughes) and for Redditch (Rachel Maclean), there are opportunities for colleagues to take a lead in their local communities and work with local firms of solicitors or legal practitioners to help to deliver public legal education in our schools.

[Nick Thomas-Symonds]

I know the Solicitor General has done his fair share of school visits over the years. Does he agree that there is still work to be done on diversity and encouraging more people to apply to the profession? We can all make a difference by visiting our local schools and speaking about these matters.

[The Solicitor General]

The hon. Gentleman is absolutely right. Only last Friday I was doing that at a school in my constituency, the Ridgeway. I was talking to young people in the sixth form who did not have a background in the law about what opportunity there was for them. Like me, he no doubt has taken on youngsters in chambers deliberately with the knowledge that they did not have a background in law. In fact, I would not take people who had any connection with the law because I wanted to empower young people and give them a chance.

I want to deal with some of the points raised by my hon. Friend the Member for Bexhill and Battle (Huw Merriman) about the curriculum. The position has yet to be clarified because more work is being done, particularly on sex education in schools and the issue of consent and withdrawal. That is not yet a statutory part of the curriculum. Citizenship remains compulsory at key stage 3. We are talking about youngsters in years 7, 8 and 9 who can access that education in school, and it must include PLE. It is a matter for schools to determine how to deliver it, but by working collaboratively with professionals, a lot can be achieved.

My right hon. Friend the Member for Basingstoke (Mrs Miller) made some important points about access in the workplace, particularly for women who have no knowledge—I say that with respect; it is not their fault—about their rights. That is why the regulatory objective in the 2007 Act is important. More has to be done to deal with the question of empowerment of our citizens via the regulatory bodies. That would not just include lawyers, even though the 2007 Act has that remit. I will go away and think about her point very carefully. Perhaps we can use it as the start of an important discussion. I thank all hon. and right hon. Friends and Members for taking part today. The law is not some mystical holy of holies and lawyers are not the high priests. We should demystify it, and that is where public legal education is so important.

[Mr Gary Streeter (in the Chair)]

Mr Jayawardena has 20 seconds to wind up.