'Bogus' MoJ data does not pull wool over criminal practitioners' eyes

The Ministry of Justice (MoJ) has been lambasted once again by a leading criminal practitioner group following its response to a legal aid debate in the House of Lords.

Last night the Labour peer Lord Beecham, pictured, tabled a motion of regret over the government's Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015, which he alleged was introduced without a proper review of the impact of the cuts to litigators' fees.

The regulations introduced the highly controversial second 8.75 per cent fee cut, as well as fixed fees for representation at police stations and magistrates' courts.

Speaking in the House of Lords, Lord Beecham said the government appeared 'determined' to reduce the number of law firms able to undertake legal aid work 'heedless of the potential impact on clients and the future of the profession'.

Justice Minister Lord Faulks responded that the policy had not been introduced 'lightly' and the level of interest in duty contracts suggested there remained an 'appetite' by lawyers to undertake criminal legal aid work.

The minister added that the UK's criminal justice system remained 'one of the most expensive in the world… and the most expensive in Europe'. This assertion, however, has been discredited by legal aid practitioners who point to research from the European Commission for the Efficiency of Justice (CEPEJ).

The research showed that, when considering the total annual public budget allocated to all courts, prosecution, and legal aid as a percentage of GDP per capita, the criminal justice system in England and Wales ranked 16th in Europe and 'average' alongside the Russian Federation and Lithuania. Scotland scored much higher, though, in 9th place.

Commenting on the debate, Robin Murray, vice chair of the Criminal Law Solicitors' Association, (CLSA) said: 'Lord Beecham's motion and the debate that followed highlighted the devastating impact of cuts to legal aid and the introduction of an unworkable two-tier system. All the MoJ had to offer in reply was the misleading use of bogus and discredited international statistics.

'His intervention reveals a rising level of concern among many in parliament that the criminal justice system will not weather the current legal aid regulatory changes intact. This is not only an issue for legal professionals who face the prospect of their solicitors firms and counsel chambers being decimated, but for all those who care about access to justice for our fellow citizens.

'We hope the MoJ acknowledge the urgent concerns raised by Lord Beecham's debate and take this opportunity to respond positively and swiftly to the serious saving proposals put forward by the CLSA and the London Criminal Courts Solicitors Association.'

An MoJ spokesperson said the ministry would continue to engage with the profession on the issue of legal aid. 

'The changes we are making to criminal legal aid will deliver value for money to taxpayers and do not affect the availability of high quality legal advice to those who need it most.

'Although we recognise that the transition will be challenging, these changes will put the profession on a sustainable footing for the long term.

'We have already pledged that an independent review looking at the impact of the new arrangements will begin in July 2016.'

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD