Criminal Legal Aid Reforms

Glyn Davies Excerpts

Wednesday 4th September 2013 Westminster Hall

[Karl Turner]

The hon. Gentleman is absolutely right. I have not read the 16,000 responses to the Government consultation, but I know from my discussions with colleagues in the profession that a vast majority of those responses make the point about advice deserts. Let me refer to my area of Humberside. Bridlington, which is in the area, will, in my submission, become an advice desert. It is covered currently by all the firms of solicitors in the area, but there is one firm of solicitors that is based in that town.

[Glyn Davies (Montgomeryshire) (Con)]

Does the hon. Gentleman agree that whatever changes to legal aid are brought in, they will, in Wales, have to accommodate the legal requirements of the Welsh Language Act 1993? It is a great concern of many people that the capacity will not be there to do that.

[Karl Turner]

The hon. Gentleman makes a very valid point. Clearly, this is not my area of expertise, but the point has been raised by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), the leader of Plaid Cymru in the House, who is very worried. He is a practising barrister and is concerned that that obligation will go as a result of the proposals. That cannot be justice.

I am conscious of the time, so I will now make a little progress. The Government proposals for PCT will irrevocably damage the criminal justice system. PCT will inevitably lead to the market being dominated by the big multinationals—the usual suspects—G4S, Serco, Capita; and I fear that many new entrants to the market who have no experience whatever of delivering criminal justice will dominate the market. The small businesses, the expert businesses, that have established their practices over a number of years and have a great relationship with local authorities will just close their doors. It will become economically unviable for them to continue to exist.

The proposals are designed to cut a further 17.5% on top of the 2011 reduction of 10%. Firms that win the contracts will assert that they can provide the service at the cheapest possible rate. Stack it high and sell it cheap will see our criminal justice system reduced to the lowest common denominator. I have no doubt that it will be taken over by less qualified people providing a less qualified service. We will see the cornerstone of a civilised society reduced to a factory mentality where quantity will trump quality each and every time. The only consideration in our justice system will be the cheapest provider.

The plans also perversely propose the same fee being paid whether the case is resolved by way of a guilty plea or contested at trial. To me, that suggestion beggars belief. There is undoubtedly a concern that that will lead to undue pressure being put on a defendant to plead guilty to speed up the process, thus saving time and money for big legal aid providers. There will be a clear financial incentive for the defendant to plead guilty as quickly as possible, even when a trial would be in the client’s best interests. It is unlikely to happen, because, in my honest view, solicitors always act in the best interests of their clients and always advise based on evidence alone and the strength of the evidence presented in the case, but do the Government not accept that advice might be misconstrued? A particular client might plead guilty to an offence when the evidence is strong and overwhelming, but there might be a later discussion, perhaps in the pub, along the lines, “You pled guilty, mate, because your brief was paid the same money whether they did their best for you in a trial or forced you, with your arm up your back, to plead guilty.” Surely that will be the result.