Criminal Legal Aid Reforms

David Lammy Excerpts

Wednesday 4th September 2013 Westminster Hall

[Mr David Lammy (Tottenham) (Lab)]

I will try to be brief, Mr Davies, because of that stricture.

Does the Minister accept that price-competitive tendering must always lead to the reduction or complete withdrawal of client choice? As long as we begin from the principle that we are not only entitled to a fair trial, but must be seen to have a fair trial, the latter is incompatible with the prosecuting body limiting the defendant’s choice, or even choosing the person employed to defend them. If the Department plans to put contracts that guarantee an equal share of work out to tender—as stated in the document it has produced—by necessity, choice is being limited. The central concern about choice therefore remains. As I said in the legal aid debate called by the hon. Member for Brent Central (Sarah Teather), the establishment of choice goes back to the Magna Carta. It is fundamental to our system, and I have yet to hear why the Lord Chancellor thinks it can be discarded in this way.

Even if the Government are not interested in the perception or the subjectivity of receiving a fair trial, tendering, and the guarantee of work without quality control, can lead only to an objectively less fair system. The system proposal means that firms will be forced to compete on price rather than on quality, and I do not want lawyers doing that. The lower firms bid, the fewer resources they can commit to each case. That is why, when we went down that road with those who would provide food for our children in schools, we ended up with turkey twizzlers. It is why, when the NHS decided to contract out the cleaning services in our hospitals, we ended up with MRSA. So I say to the Minister, let us remain committed to quality in the system—a point well made by my hon. Friend the Member for Kingston upon Hull East (Karl Turner) and the hon. and learned Member for Harborough (Sir Edward Garnier)—and not discard it for a cheap and, by definition, substandard service.

The savings we need can be found in other places. The significant bulk of the £220 million, as the Minister knows, comes from high-cost cases, half of which deal with banking fraud. Why does the banking sector not have an insurance scheme for fraud against its banks? That would halve the sum that the Minister is looking for. Again, it would be nice if the Lord Chancellor could say whether he was considering taking banking fraud out of criminal cases so that we could find the savings in a way that was much more friendly to our justice system.

Do we want the situation that we see in the United States of America, with substandard lawyers and huge miscarriages of justice? There are an estimated 10,000 cases of innocent people convicted of a felony there. Do we want that system? We need to think very carefully about price-competitive tendering.

I want to end briefly with the proposals that still stand on judicial review. This matter affects us all. If the state comes to take my kids away, I will seek judicial review. If the state wants to bulldoze my home to make way for High Speed 2, I will seek judicial review. If the state is unwilling to provide a care home for my mother, I will seek judicial review. Seeking to restrict judicial review is a travesty. It is a fundamental area that has largely been protected by law, and the inroads into it should be of great concern to every individual in this country. We really need to consider the matter again, given that the savings are so minuscule.

The caricature of fat-cat lawyers has been a disgrace—most lawyers are high street lawyers in places as different as Cornwall and Tottenham, and are on less than nurses and teachers. The clamour outside this building is not being made by just the legal profession. It is not about the lawyers, but about the many people who will see miscarriages of justice if the measure goes through.