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Legal aid cuts will create two-tier justice say lawyers
Jonathan Prynn, Consumer Business Editor17.07.09
Plans for a huge overhaul of the legal aid system will set back the poor's access to the best representation in court, lawyers warned today.
Justice Secretary Jack Straw wants to cut almost £200million a year from the spiralling legal aid budget, which costs the taxpayer about £2billion a year. It is one of the fastest-growing areas of public spending.
But critics say it will lead to a two-tier system of justice with the poor having to rely increasingly on junior and inexperienced lawyers. They say legal aid faces its gravest crisis.
Under the proposed changes, details of which are due to be announced next week, acquitted defendants in criminal trials who are entitled to legal aid would have to pay most of their costs if they decided to instruct someone other than a legal aid lawyer. This will save about £25million a year.
Defendants will also be means tested, so many will have to pay back some or all of their legal aid costs if they are convicted. A third reform is the introduction of "reverse auctions" for legal aid contracts to do police station work, with the contracts going to bidders offering the best value service for price.
Mr Straw also wants to cut the £127million spent each year on legal aid for expert witnesses in court, including interpreters.
Kim Hollis, QC, vice-chairwoman of equality and diversity on the Bar Council, said: "These proposed changes will set back the advances and benefits of access to justice brought by the legal aid system over decades.
"Overnight a two-tier system will be created whereby those who can afford to pay the best lawyers will be able to have their interests properly and fairly represented in court. But those who cannot will be left to the mercy of the spending cuts, the result of which is that high quality advocates cannot afford to practise and are leaving in droves."
More than 6,000 solicitors have signed a petition on Downing Street's website protesting at the plans, and the Conservatives have promised to suspend the reforms if elected.
Justice minister Lord Bach defended the reforms, saying it was right that convicted criminals should pay towards their costs if they could afford it and that defendants who chose not to use legal aid should no longer be able to claim back all their costs.
He said the savings would "help those most in need" in civil cases, where eligibility limits are being relaxed. He said: "Up to 750,000 extra people could become eligible for legal aid help and representation."
The Legal Aid system has its 60th anniversary at the end of the month. Spending has grown at an annual rate of five per cent in the last 20 years. Britain spends £38 per head of population on legal aid each year, compared with £3 to £4 in Germany and France.
Reader views (9)
A friend's druggie ex turns up in court with a solicitor and a barrister to fight my working mate over access to his son. He can't afford a solicitor in family court so has no rights to his child. She has never worked, is a druggie, alcoholic and criminal but has far more rights than my mate who is a decent bloke and works.
- John, UK
Funny that now they want to cut. Nu Labor started this policital correctness to their "special interest" groups!!
- Jacqueline, Hampstead, London
Four issues here:
1. Before attacking lawyers investigate waste at the LSC.
2. If lawyers stopped doing publically funded work instead of talking about it, changes will come.
3. The LSC should be more aggressive investigating lawyers with a disproportionately high claim rate.
4. None of the above is relevant because the Politburo wants state appointed lawyers only.
- Bj, London
If legal aid goes to the Nu Labor party interest groups of Crash Gordon's bunch that should of course be explicitely forbidden. The deficit of the government is created by their bad policies and they should not benefit from it! It is very simple too much waste. There is no more money left we have borrowed already trillions and now we can get no more money. Tax in Britain is now the highest of all.
- Georgie, Islington, London
Forgot travellers Maggie - another set of spongers. Where I am they are seeking to remain on illegally developed green belt land using the hateful 'uman roight's' law. We local taxpayers pay for endless appeals for these people together with our costs. Legal aid ensures that we pay for two lots of QC's (and the travellers contribute nothing natch) and whoever wins we local taxpayers are the losers. Now the council are seeking Bailiffs to throw them out but thanks to the EU have to tender the £3m contract out over the EU. As if say a Greek set of Bailiffs are going to come to rural essex to work.
Oh and thanks to idiot judges and the 'uman roights' farce it says we have to find them another lot of land to buy (that'll be with the money they claim not to have I suppose). Plus Gratton Puxon (try googling that one peeps) wants our council to guarantee, Guarantee! that the new land will come with planning permission.
Legal Aid has therefore been nothing but a massive cost burden for us taxpayers in this case. Oh and a nice little earner for QC's, solicitors etc.
Oh they did say last week they would all clear off if we gave them two point five million pounds. Go figure!
- Ethan, nr Dole Farm
The problem has always been with lawyers who pad out the bills. Somebody receiving free legal representation does not care how much the case costs or what the lawyers bill, so they go to town. There should be a proper independent audit of bills and benchmarks against which excessive claims must be justified. This is not two-tier, just common sense.
- Mark, London
Maggie - very sensible suggestion. Well said.
- Ben, London, W1
Maggie, London has a very good point, but I smell something else fishy here. A Labour plan to make it too expensive to pursue our legal rights. Without legal aid, what chance would most of us stand? It bodes ill.
- Graham Rodhouse, Helmond, Netherlands
Stop legal aid to foreigners, asylum seekers, their interpreters, and prisoners. It lawyers want to help them let them do so for free.
- Maggie, London UK
