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Backbenchers debate plans for legal aid
A backbench debate on legal aid reform in June gave legal aid lawyers an opportunity to lobby MPs about the government’s proposals in the consultation paper Transforming legal aid: delivering a more credible and efficient system. The debate was initiated by Liberal Democrat MP Sarah Teather.
In advance of the debate, legal aid lawyers took the opportunity to raise their concerns with MPs. This led to an impromptu discussion with Justice Secretary, Chris Grayling, when he was challenged by around 15 lawyers, who were waiting to speak to their MP in the House of Commons on the day before the debate. Emma Nash, a criminal barrister at 2 Pump Court Chambers in London, questioned the Justice Secretary robustly on why he had refused to meet Michael Turner QC, chairperson of the Criminal Bar Association. Speaking to Legal Action, Emma Nash said that she had tried to persuade Chris Grayling to spend a day with her in court to ‘see what happens and to get an understanding of where the real delays are in the system’.
Over 30 MPs spoke during the debate, but only one, Jonathan Djanogly, who was Justice Minister from 2010 to 2012, was in favour of the government’s proposals. He said that he believed that the Labour government had failed to introduce competitive tendering ‘because they not only succumbed to the reactionary wing of the legal profession but shied from the bottom line facts of criminal legal aid contracting’.
Conservative MP David Davis was critical of the coalition government. He said that while he agreed the cost of legal aid should be controlled, it should not be ‘done in this way and at this speed’. He also pointed out that ‘[t]he Legal Aid, Sentencing and Punishment of Offenders Act 2012 is barely complete, and has had no assessment. The consultation was extremely brief and we understand that the government intends to place contracts in the autumn. Frankly, without primary legislation, the likelihood is that this business will be challenged in the courts.’
Labour MP Kate Green was concerned about the proposal to withdraw legal aid for prisoners. She argued that ‘[i]t is unpopular to speak up for prisoners’ rights in this House, but it is so important that we do so, because it is a mark of our being a civilised society that we set parameters on what we do to people when we remove their liberty. Removing their liberty does not equate with removing all their human and legal rights.’
Meanwhile, a new group has been formed to oppose cuts in legal aid. On the same day as the MPs’ debate took place, the Justice Alliance was established at a meeting of around 60 organisations representing legal aid lawyers, trade unions and charities. The meeting agreed to hold a demonstration against legal aid cuts on 30 July. The details of this event will be made available as soon as possible on LAG’s website.