Criminal Legal Aid

Lindsay Hoyle Excerpts

Tuesday 8th May 2018 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. With so many Members wanting to speak, I suggest that each Member aims to speak for about six minutes.

--- Later in debate ---

[Bob Stewart (Beckenham) (Con)]

We cannot have those with the ability and will to try to enter the criminal law profession impoverished by debt and a lack of basic resources to live, especially those who come from perhaps a more humble background. The new scheme seems to distribute some money from middle or senior junior barristers to the more junior barristers, but I gather the effect on senior junior barristers could be a fall in income of as much as 35%, but the impact on the most junior criminal barristers is simply not very much. The truth is that the system does need more money, which cannot be found simply by switching around payments within it. Criminal barristers are self-employed and they must also meet the unavoidable overheads of practising, which normally range from about 25% to 35% of their income. There is no entitlement to pensions, holiday pay, sick pay or, indeed, maternity or paternity pay. Assuming a junior criminal barrister earned a total of, say, £60,000 annually, after they paid overheads and pension contributions and compensated for holidays, he or she would probably present an income of only around £30,000 to Her Majesty’s Revenue and Customs.

A career at the Bar is insecure and financially uncertain: trials can be moved by judges without consultation; witnesses can be taken ill; defendants may accept advice to plead guilty; and charges may be dropped. All can have a significant impact on barristers’ income, without warning. In such an uncertain climate, reasonable fees are necessary. The level of debt with which new criminal law barristers must deal, insufficient fees and increased demands make a social and family life almost impossible. I understand that right now morale is low and dismay universal among junior criminal barrister and, indeed, among some senior junior barristers, too. I very much hope that the Minister can tell me honestly that junior criminal law barristers will have a much better deal than they had in the past.

Question put.

The House proceeded to a Division.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I ask the Sergeant at Arms to investigate the delay in the No Lobby.