Barristers were responding to a Ministry of Justice consultation on legal aid
Barristers have attacked plans to cut £220m from the annual criminal case legal aid budget in England and Wales.
The Bar Council, which represents barristers, said the government plans threatened to destroy a "world-renowned" justice system.
Plans for lawyers to compete for legal aid contracts would promote the "lowest possible quality of service", it said.
The government said the right to a fair trial would not be affected and lawyers would have to meet quality standards.
'Price trumps all'
The Bar Council's comments came in its 150-page response to a Ministry of Justice consultation on the issue, which ends later.
It was particularly critical of what is known as price competitive tendering (PCT) being proposed by ministers as they seek to cut costs amid the financial squeeze on Whitehall departments.
Maura McGowan QC, chairwoman of the Bar Council, said: "There is no avoiding the simple fact that these proposals would move us from having a justice system which is admired all over the world, to a system where price trumps all.
"PCT may look as though it achieves short-term savings, but it is a blunt instrument that will leave deep scars on our justice system for far longer.
"Further cuts to the scope of civil legal aid will limit access to justice for some of the most vulnerable. That is a legacy of which no government should be proud."
The Bar Standards Board, which is responsible for regulating barristers, said the reforms "may endanger the ability of our legal system to guarantee everyone a fair trial".
Chairwoman Baroness Ruth Deech said: "While we accept that the current austerity measures are a consequence of the financial climate, protecting the public and ensuring criminal cases are dealt with fairly and justly remain of the utmost importance."
Financial interests
Under the proposals there would be fewer organisations providing legal aid work.
They would compete for contracts on price, with companies such as logistics firm the Stobart Group bidding for work.
Recently retired senior judge Sir Anthony Hooper said the plans risked harming a system of fair justice that was the envy of the world.
Sir Anthony, who retired as a Court of Appeal judge last year, identified what he described as two fundamental defects resulting from PCT.
One was the elimination of the long-held right of a defendant to chose a legal aid solicitor. Those arrested will be assigned a lawyer from a firm winning a contract.
He warned that, for example, people with a disability may be unable to chose a lawyer with the expertise to understands their condition and ensure their fair treatment in the justice system.
He also warned that where solicitors' firms currently competed on the basis of excellence, new corporate providers would be under pressure to give advice that was in their financial interests.
BBC legal correspondent Clive Coleman described Sir Anthony's criticisms as "stark".
Income cap
Criminal legal aid costs taxpayers more than £1bn every year and the proposals are expected to cut the bill by £220m.
The government said contracts would be awarded only to those who met quality standards, and the changes offered the best value to the taxpayer without affecting the right to a fair trial.
Justice Secretary Chris Grayling said: "We have one of the best legal professions in the world.
"But at a time of major financial challenges, the legal sector cannot be excluded from the government's commitment to getting better value for taxpayers' money. We believe costs paid to lawyers through legal aid should reflect this.
"Wealthy defendants who can afford to pay for their own legal bills should do so. These changes are about getting the best value for the taxpayer and will not in any way affect someone's right to a fair trial."
The Ministry of Justice added that a disposable income cap of £37,500 per household would mean only those on a six-figure salary or above would be prevented from having automatic access to legal aid. Prisoners' rights to the support would also be curbed.
In April, the Legal Aid, Sentencing and Punishment of Offenders Act removed legal aid from many areas of civil law.
Đăng ký: Tieng Anh Vui


21:02
Tieng Anh Vui
Posted in:
0 comments:
Post a Comment