Paul Treloar
Policy Officer, London Advice Services Alliance, London
Member since
21st Jan 2004
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Representation and Advice at Employment Tribunals Bill
Wed 19-Oct-05 11:18 AM |
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Parliament is currently considering a Private Members Bill that would set up an independent body, offering free advice, assistance and representation to anyone taking a case to an Employment Tribunal on the grounds of discrimination. Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
The Second Reading of the Bill began on Friday, 14 October, 2005, when the Bill was introduced by Mr Marsha Singh, MP for Bradford West, who stated:
'The Scottish Parliament has recognised that failure to provide assistance to victims of employment discrimination contravenes article 6 of the European convention on human rights, which establishes the right to a fair hearing. In Scotland the problem was tackled by extending legal aid, but I believe that there is a viable alternative, which I propose in my Bill.
Citizens Advice gets to the heart of the issue in a simple statement:
"Citizenship requires that rights granted by Parliament must be enforceable. Erecting ever-tighter barriers to justice through legal aid eligibility tests and rationed supply of subsidised services undermines citizenship."
I stand for social justice above all else. There can be no principled justification for failing victims of discrimination. We cannot continue to confer rights and not provide the wherewithal to exercise them: access to justice should be—must be—a fundamental right.'
Following a long and involved debate, it appears that the majority of MPs commenting did not support the Bill, for a variety of reasons, including worries about duplication with the duties of the CLS, the additional strain placed on DCA budget for legal aid, and the creation of a "compensation culture".
The debate ran out of time before a vote could be taken, and the Bill will return to the HoC on 28 October. For the Hansard record of the debate, see Hansard debate 14 Oct.
On a wider note, and in light of the debate, I would hazard a guess that the possibility of obtaining legal aid for Social Security Appeal Tribunals remains little more than a pipe dream unfortunately, especially when reading closing comments from the Parliamentary Under-Secretary of State for Constitutional Affairs, Bridget Prentice, who in a rose-tinted remark, said:
'As I said, my hon. Friend the Member for Bradford, West expressed concern about legal advice deserts, and I should point out that from this March onwards some 238 organisations—164 solicitors and 74 law centres and citizens advice bureaux—have been specially accredited by the CLS to provide advice and assistance in employment matters. There are also 26 employment tribunal hearing centres throughout the country. So through the current spread of advice and assistance—the hon. Member for North-East Hertfordshire (Mr. Heald) described it, rather beautifully, as a tracery—we are trying comprehensively to cover the country. Of course, we always want to do more.'
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