Oral Answers to Questions

Sadiq Khan Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Djanogly]

I agree with my hon. Friend and can confirm that we are working very closely with the Department for Work and Pensions as part of its wider welfare reform programme to improve the quality and effectiveness of initial decision taking.

[Sadiq Khan (Tooting) (Lab)]

Lord Newton of Braintree, who was the Secretary of State for Social Security in a Conservative Government in the 1980s and early 1990s—in the days when the Conservative party won elections in its own right—said last week that 81% of all cases heard in the first-tier tribunals relating to benefits are to do with disability benefits. In 2009-10 an appellant at the first-tier tribunal who received advice before going to the tribunal was 78% more likely to win their appeal than an unadvised appellant. The advice that citizens advice bureaux, law centres and advice agencies give to their clients is very important. These are not fat-cat lawyers or litigious clients. Will the Government now accept the votes passed in the House of Lords over the past week, which will not only save taxpayers’ money in the medium to long term but will also avoid unnecessary misery and suffering for some of the most vulnerable in our society?

[Mr Djanogly]

I have to say that the Government are disappointed by the position taken in the Lords and we will return to the issue when the Bill comes back to the Commons. We remain of the view that these cases are primarily about financial entitlement and as such do not raise the fundamental issues involved in cases concerning liberty or safety. I can say to the right hon. Gentleman that the user-friendly nature of the tribunal means that appellants can generally present their case without legal assistance.

[Sadiq Khan]

If that is the case, why is the success rate 78% higher for those who do receive advice before they go to appeal? We have said from the outset that we agree that savings need to be made to the legal aid budget. If we were in government, we would be making cuts as well, but our values and connections with ordinary people mean that our priorities would be very different. Figures from the Ministry of Justice say that by the end of this Parliament, criminal legal aid provided largely by well-paid QCs, barristers and solicitors will be cut by 6%, whereas family legal aid will be cut by 29%, but social welfare legal aid, which is delivered by CABs, law centres and small voluntary organisations, at which some of the lowest-paid advisers and lawyers work, will be cut by 53%.

[Mr Speaker]

The question mark is about to come upon us, is it not?

[Sadiq Khan]

Will the Minister explain why the cuts are being made to the most vulnerable instead of to areas where cuts can be made more fairly?

[Mr Djanogly]

We simply are not doing what the right hon. Gentleman suggests. Social welfare law will still receive £50 million in legal aid and we are redirecting the money we spend on legal aid towards helping the most vulnerable. When it comes to advice on benefits, people do not currently receive legal aid for representation. Before people go to appeal they will still be able to receive advice for many such cases from a general advice practitioner such as their local CAB.