7. What discussions he has had with the Secretary of State for Work and Pensions on the effect of his proposed changes to legal aid on the number of cases concerning benefits requiring early stage legal advice. (99262)

No such discussions have been held, as the withdrawal of legal aid would have no impact on the number of cases concerning benefits requiring early stage legal advice. The need for advice will be determined by decision making at the Department for Work and Pensions, not the availability or otherwise of legal aid. Of course, I recognise that many people find that the type of general advice concerned is useful in resolving their problems, which is why the Government have announced additional funding for the not-for-profit sector.

Two people a day will become homeless over the next few months according to Shelter. Does it not now make sense to invest more in homeless advice, not less?

As I said, there is a difference between legal advice and general advice. We are investing in general advice.

Charnwood citizens advice bureau works very closely with my office in Loughborough on benefits matters. Will the Minister, when he has such discussions, tell the Department for Work and Pensions that it needs to simplify the benefits system as that would be of great assistance in helping to keep some cases away from the legal system and administrative tribunals in the first place?

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.

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?

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.

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%.

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

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?

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.