Adoption (Leave, Pay and Allowance Arrangements): Legal Aid, Sentencing and Punishment of Offenders Bill (28 Jun 2011)
Oliver Heald: Will the right hon. Gentleman comment on the move towards more mediation in family courts? It is an important area and something that should be welcomed. I do not know whether he would agree, but it is one of the Bill’s central provisions.
Sadiq Khan (Tooting, Labour)
In the short time left to me, I am happy to welcome that proposal. As the hon. Gentleman will know, however, we need investment in training mediators. It is all well and good trying to divert people away from the courts, but we hope that the Government will train more mediators.
The Government’s figures do not add up. Overall, 10,000 members of prison and probation staff will lose their jobs, yet the Justice Secretary expects much more for less: more rehabilitation and more treatment for those with mental health problems and drug dependency. But how will that be funded? A chunk of his savings was due to stem from a lower prison population, but given how the Bill has been filleted of its ill-thought-out sentencing proposals, where does he think the prison population will be in two years? Will it be higher or lower? I look forward to hearing the Government’s ideas.
The debacle that is this Bill has shown up the Government’s justice policy for what it is-incoherent, inconsistent and obsessed with cutting costs. It is a shoddy Bill that does not focus on what cuts crime, protects the public, reforms offenders and puts victims first, and nor will it continue to ensure access to justice
for many of the most vulnerable in society, particularly women. The Justice Secretary has failed to accept the alternatives offered to make savings to the legal aid bill and has stuck to his original plans, which will have a devastating impact on the most vulnerable in society. No doubt many Government Members will speak in favour of the Bill. I gently remind them, however, that last month, when we debated a motion to remove the 50% sentencing discount, many of them were marched up to the top of the hill by the Grand Old Duke of Rushcliffe, only for a humiliating march back down again a couple of weeks later. No doubt Government Members now regret making all those loyal contributions. I hope they will think carefully about how they vote tonight. One thing is for sure, however: we intend to vote against a Second Reading for this shoddy Bill.
Adoption (Leave, Pay and Allowance Arrangements): Legal Aid, Sentencing and Punishment of Offenders Bill (29 Jun 2011)
Oliver Heald: I am closely following my hon. Friend’s sincere and important remarks, but does she not agree that the advantage of mediation is that people are brought together and that disputes are reduced in circumstances of family life, thus achieving something worth while in itself? Mediation is the right way to go, even though I accept that some cases will also need to be litigated.
Helen Grant (Maidstone and The Weald, Conservative)
The problem is that not all cases can be mediated, and the difficult ones-the ones that we are dealing with-usually end up in court anyway.
The plans have telephone advice as an alternative to a trusted and recommended solicitor, but the law is complicated. The law can be an ass, and it is not easy to understand. Having tried to explain maintenance pending suit or some other aspect of the Matrimonial Causes Act 1973 to a frightened and vulnerable litigant, I can tell hon. Members that it makes clients feel frustrated and confused and leaves solicitors feeling quite inadequate.
The plans badly impact on women, especially in the categories of family, education and housing law. Some 75% of domestic violence victims are women; 90% of single parents are women; and 97% of those who are eligible for child maintenance are women. Women are more likely to be in non-unionised jobs, and men are more likely to be financially better off and able to pay privately.
Over the years, my firm has looked after about 14,000 clients in south London, Surrey and west Kent. The family profile that I describe is, sadly, not unusual. One mother presented with some learning difficulties and a history of self-harm and drug abuse, but says that she is now clean. She has three children, all girls, with three different fathers. The father of the eldest daughter sought a residence order and a contact order. Mother and daughter were resistant in view of the father’s history of bullying and drunkenness. There were no previous injunction orders, but many police call-outs. All the girls were having problems at school, and the middle daughter had been diagnosed with ADHD. The school had threatened suspension due to disruptive behaviour. The mother was on income support and was being chased by loan sharks due to debt. She was feeling suicidal and was on antidepressants. All the children were on the child protection register.
When I took instructions from that lady, judging by her physical appearance and demeanour, I thought that she was about 50. It was only when I asked her for her date of birth that I realised that she was just 25 years old. Under the current plans, that highly vulnerable woman would not be entitled to help with residence and contact applications, debt problems or her children’s educational difficulties. That is what family life is like for many in our country. Those are the people who rely on the family courts and legal aid to resolve their problems. Tragically, the children growing up in such families are watching and learning bad behaviour, have absent boundaries, and are breeding future generations of victims and perpetrators. It is a vicious circle.
Legal aid cost £500 million in 1982. The cost is £2 billion today. I make no case for ring-fencing from the cuts, and I see a genuine need for reform.