Tribunals, Courts and Enforcement Bill [HL]

Part of the debate – in the House of Lords at 4:00 pm on 31 January 2007.

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Photo of Lord Thomas of Gresford Lord Thomas of Gresford Spokesperson in the Lords (Shadow Attorney General), Home Affairs, Spokesperson in the Lords (Shadow Lord Chancellor), Constitutional Affairs 4:00, 31 January 2007

My Lords, the amendment has been grouped with Amendment No. 23, possibly before the two sides got together. We do not think that the interests of justice will be achieved or that the proceedings before a tribunal will be accessible and fair if one party cannot afford to be there. It is vital that legal aid is available at all hearings before the first tribunal. That has not been the case in the past and, as I said at Second Reading and in Committee, much of that work has been done for nothing by young lawyers, who have taken it to a high point without the benefit of legal aid.

If we are to raise the profile of tribunals and have a new system that is accessible, fair and in the interests of justice, it is essential that those members of society who normally appear before tribunals, who tend not to have any resources, have the opportunity of being properly represented. It may be that the rules can lay down the circumstances in which legal aid is available. We are not giving a blank cheque by tabling this amendment, but it is right that, in this context, legal aid should be foremost in the thoughts of those who prepare the rules. It may be that we will get some assurances that it will happen in other legislation at some time in future and so on, but I respectfully submit that it should happen now, with this Bill, when the new structure is brought into being. I shall move Amendment No. 23 in due course.