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Lib Dem Simon Hughes condemns government's legal aid plans Lib Dem Simon Hughes condemns government's legal aid plans
(about 3 hours later)
The Liberal Democrat MP Simon Hughes has condemned government plans to deny criminal defendants the right to choose their solicitor as a clear rift emerges within the coalition over cuts to legal aid. The Liberal Democrat deputy leader, Simon Hughes, has condemned government plans to deny criminal defendants the right to choose a solicitor, as a rift emerges in the coalition over cuts to legal aid.
His comments have been circulated as MPs are due to hold their first parliamentary debate on Thursday on radical plans put forward by the justice secretary, Chris Grayling, to slice £220m out of criminal legal aid. His comments have been circulated as MPs are due to hold their first parliamentary debate on Thursday on plans by the justice secretary, Chris Grayling, to cut £220m out of criminal legal aid. Consultation on the proposals has closed.
Consultation on the proposals closed this month. The radical changes – which involve removing the ability of criminal defendants on legal aid to choose their solicitor – are not contained in a parliamentary bill but will be enacted by ministers through statutory instrument. The changes – which remove the ability of criminal defendants on legal aid to choose their solicitor – are not in a parliamentary bill but will be enacted by ministers through statutory instrument. The Ministry of Justice says "client choice" must disappear to ensure the new generation of legal aid criminal defence contracts are large enough to enable economies of scale to apply.
The Ministry of Justice says "client choice" must disappear to ensure that the new generation of legal aid criminal defence contracts are large enough to enable lawyers to make economies of scale. In his submission to the ministry's consultation, Transforming Legal Aid, Hughes, the MP for Bermondsey, says: "There is a risk competition may be seriously curtailed by an increasingly monopolistic model of provision (or one dominated by a few cartels) in which all casework allocation is fixed by the state." "The consultation makes it clear that small- and medium-sized firms have no place in the market – a policy which runs counter to the government's own business strategy of promoting [them].
But in his submission to the ministry's consultation, Transforming Legal Aid, Hughes, the MP for Bermondsey, says: "There is a risk that competition may be seriously curtailed by an increasingly monopolistic model of provision (or one dominated by a few cartels) in which all casework allocation is fixed by the state.
"The consultation makes it clear that small and medium sized firms have no place in the market – a policy which runs counter to the government's own business strategy of promoting [them].
"Given that consumer choice is the government's mantra for reforming all other areas of public services and held up as the market mechanism for balancing quality and price and devolving power, it's all the more strange."Given that consumer choice is the government's mantra for reforming all other areas of public services and held up as the market mechanism for balancing quality and price and devolving power, it's all the more strange.
"In my view access to a lawyer/supplier of choice or preference is a fundamental right and it should not be removed by administrative means.""In my view access to a lawyer/supplier of choice or preference is a fundamental right and it should not be removed by administrative means."
The Lib Dem leader, Nick Clegg, acknowledged at the weekend that many "hard-working high-street lawyers in my own neck of the woods in Sheffield" were "not fat-cat QCs". Last weekend Lib Dem leader Nick Clegg said at the weekend that many "hard-working high-street lawyers in my own neck of the woods in Sheffield" were "not fat-cat QCs".
He also signalled that the plans could be changed. "The only straitjacket on all of this unfortunately is the need to yield about £220m or thereabouts worth of savings in legal aid in criminal cases," he said. "If on the back of the consultation we can see that there are alternative ways, less disruptive ways, less unpopular ways if you like of delivering that, there's no ideological attachment in the coalition government" to those particular measures. He also signalled the plans could change. "The only straitjacket on all of this unfortunately is the need to yield about £220m or thereabouts worth of savings in legal aid in criminal cases," he said. "If on the back of the consultation we can see that there are alternative ways, less disruptive ways, less unpopular ways if you like of delivering that, there's no ideological attachment in the coalition government" to those particular measures.
A Liberal Democrat spokesman confirmed: "There's a degree of nervousness about making sure that this is done in the most appropriate way. There may well have to be alterations. The right to choose a solicitor is something that has been raised by Lib Dem MPs and members."A Liberal Democrat spokesman confirmed: "There's a degree of nervousness about making sure that this is done in the most appropriate way. There may well have to be alterations. The right to choose a solicitor is something that has been raised by Lib Dem MPs and members."
Paul Harris, the president of the London Criminal Courts Solicitors Association, welcomed the signs of political movement. "This split at the highest level of government sends a clear message to the MoJ. Stop these dangerous, ill-thought proposals before it is too late and our justice system is irrevocably damaged."Paul Harris, the president of the London Criminal Courts Solicitors Association, welcomed the signs of political movement. "This split at the highest level of government sends a clear message to the MoJ. Stop these dangerous, ill-thought proposals before it is too late and our justice system is irrevocably damaged."
Comments from the attorney general, Dominic Grieve QC, have also been seized on to question whether the government is unified on the consultation, which also imposes new restrictions on launching judicial review challenges.Comments from the attorney general, Dominic Grieve QC, have also been seized on to question whether the government is unified on the consultation, which also imposes new restrictions on launching judicial review challenges.
In a letter to Treasury counsel – barristers who work for the government – Grieve said: "I am well aware of the deeply and sincerely held concerns [barristers have] on the effect these proposals, if implemented, will have.In a letter to Treasury counsel – barristers who work for the government – Grieve said: "I am well aware of the deeply and sincerely held concerns [barristers have] on the effect these proposals, if implemented, will have.
"I recognise that those concerns go well beyond the personal, financial implications to individual members of the bar – serious though those may be – but extend to the potential impact on the quality of the justice system this country is rightly proud of."I recognise that those concerns go well beyond the personal, financial implications to individual members of the bar – serious though those may be – but extend to the potential impact on the quality of the justice system this country is rightly proud of.
"I have already spoken to [the justice secretary] and will continue to draw to his attention the concerns that have been expressed to me. I will endeavour to ensure, as far as I can, that the decision he reaches in due course is a fully informed one.""I have already spoken to [the justice secretary] and will continue to draw to his attention the concerns that have been expressed to me. I will endeavour to ensure, as far as I can, that the decision he reaches in due course is a fully informed one."