Barristers Leaving Criminal Practice

Lord Anderson of Swansea Excerpts

Thursday 17th March 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, solicitors need a higher rights of audience certificate to appear in the higher courts. We are in discussions to ensure that this system is working well. However, as part of our response to Sir Christopher Bellamy’s report, we are looking at opening up more opportunities for legal executives to do more work in the courts, particularly in the higher courts. That would also improve diversity, because the diversity of legal executives is in much better shape than it is for solicitors and quite a lot better than it is for barristers.

[Lord Anderson of Swansea (Lab)]

My Lords, perhaps the effect of the cuts has been felt most harshly on younger barristers at the very start of the profession. Up to 25% have left the profession over the past five years, despite having done the pupillage and Bar examinations. For them, legal aid has been a lifeline, allowing them to survive and have a decent career. What assessment have the Government made of the effects of these changes on the younger barristers and the likelihood of them staying in the profession?

[Lord Wolfson of Tredegar (Con)]

My Lords, we think that these changes will be a systemic change in legal aid: 3.5 million more people will be eligible for legal aid in magistrates’ courts and 2 million more people will be eligible for civil legal aid. We think that will help the Bar generally. Our other plans—for example, having more online hearings—mean that barristers are not spending money on travel and that a barrister can, for example, drop their children off at school and then attend a hearing 200 miles away.