As the deadline for submitting a response to the Governments legal aid consultation draws nearer, the Lord Chancellor has agreed to meet with members of the profession this week. I would like to think that he may be willing to listen to the arguments put forward and see the sense behind the opposition to his proposals. That he would understand that the financial basis of the reforms are based on figures that are out of date. That the real consequences of the proposed reforms will be a downward slide in the quality of advice given, which may very well cost more money in the long run.
Sadly, I am less than convinced that this will happen, and the meeting is simply an exercise in public relations.
His department have made it clear that there will be significant cuts made, that the model of price competitive tendering has been deemed as the way forward; and opposition is simply the attempt of the profession to save it’s own skin.
Joshua Rozenberg reported last week on one of the engagement meetings run by the Ministry of Justice and concluded that the Ministry are open-minded as to proposals for the reforms on Legal Aid.
The head of legal policy at the Ministry stated, “We appreciate that the proposals are causing deep concern and people have genuine worries about aspects of the model. That’s why we genuinely want to hear from people. I know people often think that responding to government consultations is a waste of time. All I would say to you is that we want to hear your views. We want to hear your suggestions.”
What was not made clear from that statement is that the consultation paper does not ask for proposals, suggestions and comments on the issue as to whether PCT is the rights way forward. It seeks suggestions as to the best way of allocating clients, the nature of the procurement areas and so forth. There is implicit in the document that PCT is going to be imposed regardless.
That is why as a profession there is so much concern, so much anxiety. The model for PCT proposed does not guarantee quality, does not ensure that rights are protected and fails to recognise the difficulties and peculiar nature of the provision of criminal advice and representation.
I am concerned that the consultation exercise is a waste of time, that the responses given will make little difference to the eventual outcome. I have this concern because the department and Chris Grayling has very recent form for ignoring the views and evidence put before him in a consultation document.
In the foreword to the departments response to the consultation on Reform on Judicial Review published within days of the legal aid conference he said,
“Last year, I published an engagement exercise which sought views on a series of proposals for reform of Judicial Review. The need for reform was driven by concern about the growth in the use of Judicial Review and the delays these proceedings create, in some cases frustrating plans for growth.
There was a body of support for my proposals, mainly among businesses and public authorities. But most of the responses we received were opposed to reform. There was criticism of the consultation procedure and the lack of evidence, and some saw the proposals as a serious attack on the rule of law.
I do not accept these criticisms.”
That consultation had twenty seven named contributors, all of whom had either a vested conmercial interest in judicial review being removed or being strictly limited, the ones he listened to. Or they worked with groups for whom judicial review was the last resort, those he ignored.
It is against that background that we seek to persuade him that the proposals put forward are wrong. The proposals are based on figures that do not take into account the significant reductions already made in the criminal legal aid spend, on bold assertions of fat cat lawyers making millions from the hard work of normal people, fail to evidence where the public have lost faith in the system.
Politics is I am sure a difficult game, and a balance needs to be acheived in what is done. Somethings I believe are too important for politics and the principles of justice, access to justice and a lawyer of your choice is one of them.
I hope my colleagues can persuade Mr Grayling of this later. In the meantime we can all send him a message…
Please sign the petition www.epetitions.direct.gov.uk/petitions/48628
Contact your MP http://www.parliament.uk/about/contacting/mp/
Respond to the Consultation (you don’t have to be a lawyer)