Proceeding contribution from Lord McNally (Liberal Democrat) in the House of Lords on Monday, 23 April 2012. It occurred during Debate on bill on Legal Aid, Sentencing and Punishment of Offenders Bill.
Legal Aid, Sentencing and Punishment of Offenders Bill
The point is that it is still an appointed House and is an advisory and revisory Chamber. As such, where this House decides to draw stumps on a particular issue is a matter for its judgment. Although financial primacy may occasionally irritate this House, again, as a House of Commons man and as I said earlier, this is not something recently drawn up by the coalition agreement or even by the 1911 Act. It is 300 years of our much-valued history during which kings have lost their heads and their throne in the primacy of the House of Commons on financial matters. Much as I should like to flatter the House on this matter, I still believe that it is important. I understand the desire to see more legal advice in these cases. As I said in my opening remarks, we believe that in most cases individuals will be able to appeal to the First-tier Tribunal without formal legal assistance. I quoted the president of the tribunal in highlighting that in many cases eliciting additional information from the appellant was the most useful exercise that the tribunal carried out. I also think that we are not being idle while welfare benefit reforms are being brought forward. A number of proposals currently are being considered across government that should make it easier for people to receive the right provision of entitlement in areas such as welfare, benefits and education. The most notable of these is the universal credit which will help to reduce the scope of error significantly as it makes the whole benefit system simpler and easier to understand. We are working closely with DWP as part of its wider welfare reform programme to improve the quality and effectiveness of its initial decision-making. As I have said, we have gone into this matter fully and it is not something that we have ducked. From the very beginning, from the first consultation paper, we took a decision that social welfare would be taken out of scope. I know how passionately the noble Lord, Lord Bach, feels about this matter. If he was in my position, it is not the road he would have taken to fulfil his party's commitment to cut legal aid. That is the nature of things. This is the judgment of the Government. We are not looking at complex points of law in other areas at the moment. As the noble Lord, Lord Wigley, said, the problem is that if you make a concession somebody immediately stands up and says, ““Why not look at it in other areas?””. We can build on what the Lord Chancellor promised about talks with the DWP. The noble Lord, Lord Thomas, in explaining what he was proposing, illustrated why we have been careful in putting this matter forward. We will look at it carefully and I will draw to the attention of my right honourable friend the Lord Chancellor the specific proposals he made in his speech. As I have said before, we have had a very thorough debate on this. It has certainly been very thoroughly debated in this place over the past year. I believe that it would be better now if the House were to accept the Commons amendments and the noble Lord were to withdraw his.
Secondary information
- Type
- Proceeding contribution
- Reference
- 736 c1648-9
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Children Compensation Appeals Asylum Damages Civil servants Advisory services Asbestos Equality Health services Fees and charges Legal aid scheme Immigration Domestic abuse Legal Services Commission Legal costs Industrial diseases Public appointments Negligence Mesothelioma Tribunals Social security benefits Telephone services Financial procedure Law centres First-tier Tribunal Lord Chancellor Citizens' advice bureaux
- Legislation
- Legal Aid, Sentencing and Punishment of Offenders Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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