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Grayling signals legal aid climbdown over 'client choice' Grayling signals legal aid climbdown over 'client choice'
(about 2 hours later)
The justice secretary, Chris Grayling, has signalled a climbdown over one of the most controversial aspects of his plans to cut £220m from legal aid spending. Chris Grayling has performed a U-turn over controversial plans to deprive defendants of the opportunity to choose a solicitor.
In a statement released ahead of his appearance before the Commons justice select committee, Grayling implied defendants' would not be deprived of their ability to choose a solicitor. In the face of overwhelming opposition from the legal profession, the justice secretary has abandoned one of the most controversial aspects of proposals to cut £220m a year from the legal aid budget.
The proposal to stop "client choice" was one the main focuses of opposition to the Ministry of Justice consultation on legal aid. The announcement will not affect the scale of the cuts being imposed on the Ministry of Justice (MoJ), but will preserve a traditional element of criminal trials.
Grayling said in a statement: "I have always been clear this is a genuine consultation and I will continue to listen to views. Removing the choice of solicitor for clients receiving criminal legal aid was only proposed in order to guarantee lawyers had enough business to make contracts viable. It is clear the profession regards client choice as important and so I expect to make changes that allow a choice of solicitor in the future. Barristers and solicitors have united in opposition to the MoJ's plans, arguing that a defendant's ability to choose a solicitor is the best way to ensure high-quality representation is maintained. Lawyers have descended on the streets of London and Manchester for mass protests.
"Any future scheme for criminal legal aid must guarantee that quality legal advice and representation is available, but we still need to make significant savings." Acknowledging the strength of the campaign, Grayling said – in a statement released before he appears at the Commons justice select committee on Wednesday – that "client choice" would now be kept.
He said he was pleased the Law Society had acknowledged the government's need for savings. He declared: "Removing the choice of solicitor for clients receiving criminal legal aid was only proposed in order to guarantee lawyers had enough business to make contracts viable. It is clear the profession regards client choice as important and so I expect to make changes that allow a choice of solicitor in the future.
"We agree that a managed market consolidation is the best way to meet the challenges of the future. We are discussing their proposal about how to achieve this," he said. "Any future scheme for criminal legal aid must guarantee that quality legal advice and representation is available, but we still need to make significant savings.
"I am therefore pleased the Law Society has acknowledged the government's requirement for savings. We agree that a managed market consolidation is the best way to meet the challenges of the future. We are discussing their proposal about how to achieve this."
Removal of client choice has been one the main focuses of opposition to the MoJ consultation on legal aid. Many questioned why a Conservative minister was so determined to impose a centralised contract system that will stifle competition between small businesses.
In a comment last month that came back to haunt him, Grayling defended the proposal telling the Law Society Gazette: "I don't believe that most people who find themselves in our criminal justice system are great connoisseurs of legal skills. We know the people in our prisons and who come into our courts often come from the most difficult and challenged backgrounds."
The MoJ had not been due to respond to the consultation until the autumn. Last month the Liberal Democrat leader, Nick Clegg, intervened to explain that while £220m had to be saved, removing client choice might not be necessary.
Grayling also sent a formal letter on Monday to Sir Alan Beith, chairman of the justice select committee, setting out his "current thinking" on my "proposals for introducing competitive tendering for criminal legal aid".
Grayling explained that he was working with the Law Society, which represents solicitors in England and Wales, to "explore further the proposals they have put forward to consolidate the market in stages, using quality and capacity criteria to achieve this".
Lucy Scott-Moncrieff, president of the Law Society, welcomed the announcement. She said: "It is clear that the MoJ is committed to change.
"We have composed a properly evidenced and considered alternative approach, which would shelve price-led competitive tendering, retain the important principle of clients being able to choose their solicitor and in doing so, maintain strong incentives for sufficient quantity and high quality of legal advice and representation.
"The current model is far from perfect, but if major change is to happen, it must result in a system which offers an attractive career to young lawyers and give commercial comfort so lenders will finance the investments necessary to overcome inefficiencies.
"I won't pretend that our alternative, if adopted, will result in flags waving in every solicitor firm – it is in many respects the least worse solution."
Maura McGowan QC, chairman of the Bar, said: "Retaining client choice in legal aid would represent a significant victory for the broad coalition which has been pressing the government to think again about some of its proposals.
"We welcome the Government's change of heart on this, but we hope it is also listening to the many voices which are clear that price competitive tendering in any form is not a suitable mechanism for allocating legal aid contracts. Legal aid contracts should not just go to the bidders who are willing to do the work for the lowest price."
Sadiq Khan, the Labour justice spokesman, said: "The government's half-baked legal aid plans are starting to unravel. Not too long ago, Chris Grayling dismissed there being any need for defendants to be able choose their own legal representation.
"But now, in the face of severe opposition, he has performed a humiliating climbdown. If we are to maintain the integrity of our criminal justice system, avoid needless miscarriages of justice and bring about the efficiencies our justice system needs, the government must urgently dump their proposals for legal aid and work with us, victims' groups and other experts to bring about changes that will save money and improve our justice system."
Paul Harris, of the London Criminal Courts Solicitors Association, said: "The retention of client choice demonstrates that the government have listened to the concerns of all (not just lawyers) about abolishing this basic right. We hope that they will continue to listen and withdraw the other elements of the proposals on legal aid that pose a threat to an equal and fair justice system."