---

Legal Aid, Sentencing and Punishment of Offenders Bill

I agree with much of what has been said about the Government's change of heart on the definition of domestic violence. I pay tribute to my hon. Friends the Members for South Swindon (Mr Buckland) and for Maidstone and The Weald (Mrs Grant), and I congratulate the Secretary of State on changing the definition to include the ACPO definition, as was urged upon him by Opposition Members, one of whom is present now and who put her argument in Committee. I also congratulate the Government on changing the evidence gateway for those who have been affected by domestic violence. We must remember that there was never a proposal to change the legal aid provisions for people who were in need of protection. The proposed changes were about other matters that might flow from such initial proceedings, and the disagreement was not about the principle of getting legal aid, but about the sort of evidence required in order to get it. I do not often disagree with my hon. Friend the Member for South Swindon, but I think we might disagree about social welfare legal aid. I agree with the Secretary of State: I do not see why a lawyer should always be required to sort out disputes about welfare benefit. I do not disagree with the argument that people might need somebody to represent them, however. As a former criminal barrister who defended far more than I prosecuted, I am familiar with the sort of people who will often end up needing somebody to represent them because, for whatever reason, they do not have the ability to advance their case themselves. There is no argument about that. I do not believe that a lawyer has to do that, however. I pray in aid the situation in my constituency of Broxtowe. We have a citizens advice bureau but no law centre. My CAB has never received legal aid for any of the work it does. It is an outstanding organisation. It has faced substantial cuts in funding from Nottinghamshire county council, but it has gone out and got extra funds, and it is doing a remarkable job. In my constituency work, there has not been any benefit case that my team has not been able to sort out. I have yet to have such a case where I have said, ““I think you need to go and see a specialist lawyer.”” Many people do need good representation, however, and my CAB provides it. I urge the Government to beware of the litigant in person. It is often said that only a fool has himself for a lawyer. Friends and former colleagues at the Bar have told me that there has been a rise in the number of people representing themselves in the civil courts, certainly in Nottingham and on the eastern circuit. The Government must look very carefully at that development. They must not take the simple view that when people represent themselves we will save money. Invariably, such people are a nightmare. [Interruption.] I do not say that in any way disrespectfully to most such people—although some litigants in person genuinely are a nightmare. Most of them need advice and support but feel that they cannot afford legal representation, and the consequence often is that the whole system comes to a grinding halt. Judges find that they have to intervene far more often and cases take longer, and costs therefore rise. I welcome these proposals, and I will support the Government on them.