So, where are we at with the Legal Aid, Sentencing and Punishment of Offenders Bill? Good question, and one that I will answer as best as I can, given that it is tied up with the minutiae of parliamentary process.
The bill was before the Lords in mid-January with opposition from peers from all parties, many of whom were proposing amendments, particularly to the sections in relation to eligibility and scope of Public Funding (Legal Aid). One such amendment, surprisingly proposed by Lord Tebbit, was to reinstate public funding for clinical negligence cases. However, after many hours of debate, the amendments were withdrawn one by one and the bill passed through the house.
What’s going on here? What seems to be the case is that the peers who are opposing the bill saw no merit in defeating the bill in the Lords, as they feel that a more effective tactic is to use the eight days of committee meeting to stage shows of strength to obtain concessions from Coalition ministers. Once ministers have been given a chance to compromise with regard to the content of the bill in committee and there is a vote at that stage, it cannot be revisited in the same form at a later date. The bill might just then reflect the proposed amendments that were previously withdrawn.
This might just be the better news for a change. Let’s see.
An article in the New Statesman by Law Society President, Linda Lee.
In the article, Linda Lee argues that the new bill will:
- Lead to more crime, according to the government’s own Impact Assessment
- Cost taxpayers more than it saves in knock-on effects for society
- Block access to justice for all
Join the Sound off for Justice campaign and sign their letter to David Cameron for him to intervene in the proposed cuts to Legal Aid
The Law Society is running a series of free roadshows to update practitioners on the government’s Green Paper proposals for civil legal aid:
- Cardiff – 17 January
- London – 26 January
- Brighton – 3 February
- Manchester – 19 January
- Newcastle – 27 January
- Wakefield – 8 February
- Nottingham – 24 January
- Plymouth – 1 February
- Cambridge – 9 February
- Birmingham – 25 January
- Bristol – 2 February
Places are likely to be limited so book early at:
http://services.lawsociety.org.uk/events/
Get involved with the Law Society’s campaign at: www.lawsociety.org.uk/defendinglegalaid
A campaigner briefing pack is available to advise you on how to brief your MP and get coverage in your local press
Anyone who practises within the realm of Legal Aid and anyone with a keen interest in it (if you’ve found this blog - that’s you) should carefully consider the Government’s published proposals here:
http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm
And then download, complete and submit the Consultation Questionaire:
http://www.justice.gov.uk/consultations/docs/legal-aid-reform-consultation-questionnaire.doc
The government’s well-publicised plan for cuts to the Legal Aid budget which are in consultation until February could be scuppered by a pledge from the EU to set mandatory levels of civil and criminal legal aid for member states from 2013.
In a speech to the Council of Bars and Law Societies of Europe, Commissioner for Justice Viviane Reding said that access to justice was a “fundamental right” and in line with article 47 of the Charter of Fundamental Rights and as such, governments must make legal aid funding available to litigants and defendants in civil and criminal case who otherwise could not afford representation.
The Law Society’s head of Legal Aid Policy Richard Miller said of the move:
‘The UK government’s proposed cuts to legal aid will put us out of step with the rest of Europe, which is embarking on a programme of broadening access to publicly funded representation, not shrinking it. There is a real danger that the proposed cuts will make us dip below the minimum standards imposed by the EU. We will have to make a humiliating U-turn and drag ourselves back up to an acceptable level.
