Criminal Legal Aid

Debate between Oliver Heald and Richard Burgon

Tuesday 8th May 2018 Commons Chamber

[Richard Burgon (Leeds East) (Lab)]

I beg to move,

That the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I., 2018, No. 220), dated 20 February 2018, a copy of which was laid before this House on 23 February, be revoked.

The gravest consequences for anyone accused of a serious crime in our criminal justice system is that their liberty is taken away from them. When that is at stake, no one should be left unrepresented in a court. When that is at stake, we have a duty, as a society, to guarantee the future of effective legal representation. Failing to do so creates the real risk of injustices. This motion today is about the threats posed to our justice system and specifically to criminal defence by the Government’s changes to the payments for the criminal legal aid system. These changes are why around 100 chambers are now, in effect, striking, taking co-ordinated industrial action, and refusing more publicly funded work. The serious consequences of this action are clear for all to see. As the BBC reported on 4 April:

“A murder case at the Old Bailey has become one of the first to be affected by a strike by barristers.”

On 9 April WalesOnline explained:

“A woman accused of murdering Swansea pensioner John Williams has appeared in Crown Court without legal representation because of a barristers’ strike.”

There are many other examples.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

The hon. Gentleman must recognise that the Bar was strongly in favour when this was consulted on, with statements such as

“the bar council and the young barristers committee welcome new proposals published today”,

and

“as circuit leaders over the period of the negotiations it is our shared view that we should support the implementation of the scheme”.

The Criminal Bar Association was in favour. So what exactly is the hon. Gentleman talking about?

[Richard Burgon]

Well, this is not the CBA’s scheme and it does have serious concerns about aspects of this provision. Tonight is an opportunity for the Government to think again and make some sensible concessions on the most controversial aspects. If everyone was happy with the measures, the criminal barristers would not have voted by 90% to take strike action.

We have a responsibility to contribute to resolving this situation by encouraging negotiation and facilitating a solution before there is further escalation. That means that the Government should withdraw these controversial changes, go back to the drawing board and come up with a scheme that attracts widespread support, rather than provoking a backlash.