Legal Aid Reform

Paul Blomfield Excerpts

Thursday 27th June 2013 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

I am pleased to be able to contribute to a debate in which we have heard many thoughtful contributions from both sides of the House. The number of speakers clearly illustrates the concerns on this issue, but time does not permit us to do justice to them all or me to reflect all the detailed representations I have received from my constituents. I shall therefore focus on the main ones.

The first concern is about price competitive tendering. To demonstrate the breadth and depth of concern, let me refer the Minister to his more senior colleague, the Attorney-General, who told The Law Society Gazette:

“I cannot see that competitive tendering in criminal legal aid makes sense—legal aid contracts do not pay market rates. If firms want to win a competitive tender, the only way they will be able to undercut each other is by steps that could open them up to potential allegations of incompetence”.

He continued:

“There are ideas creeping into the system that treat legal aid as if it is just about the economic provision of a service. That approach will lead to problems with lowered standards”.

Those comments were made in 2004, but are even more pertinent to today’s proposals. Furthermore, they were made by someone who not only is the Government’s chief Law Officer, but has considerable personal experience of the criminal justice system, and he clearly understands not only how the legal system works, but how markets work, so as Eddie Stobart prepares to dispense justice off the back of a lorry and G4S prepares to bring its expertise from the Olympics to the criminal justice system, we need to ask what the legal landscape will look like if these proposals are forced through.

As hon. Members have said, in the three months that businesses have in which to bid, small legal practices will be squeezed out of the system. It is deeply ironic that the Government are proposing a system so damaging to small businesses. Unable to grow to the scale needed to compete for contracts and unable to offer the loss leaders of the big companies that want to get into the market, hundreds of firms will go to the wall, and as was pointed out, this will affect not fat-cat lawyers, but many honest, hard-working and often poorly remunerated solicitors, who, with their modest earnings, make a real commitment to justice in this country.

Our bigger concern, however, should be about the impact on justice. We are looking at a cost-driven race to the bottom, with firms competing simply on price and, as was pointed out, being incentivised to cut corners and find the innocent guilty. As the consultation document makes clear, lawyers will receive the same fee for entering a swift guilty plea as for providing several days’ legal defence. Constituents have also made the point to me that losing the opportunity to choose a lawyer is a fundamental breach of rights. I am disappointed that the hon. Member for Bromley and Chislehurst (Robert Neill) minimised the importance of that. On that issue, the Justice Secretary’s own comments are as enlightening as they are shocking. He gave a real insight into his thinking when he said:

“I don't believe that most people who find themselves in our criminal justice system are great connoisseurs of legal skills”—

as they—

“often come from the most difficult and challenged backgrounds”.

He seemed to suggest that wisdom comes only with someone’s position in society, and that only those who can afford it should have a choice of representation.

Throughout the proposals, the same casual disregard is shown for those who are not considered worthy of justice. They include survivors of domestic violence—whose position was raised with me by the local medical committee in Sheffield—trafficked people, separated children who fail the residency test, prisoners whose cases cannot be addressed through the complaints system, legitimate asylum seekers wishing to challenge decisions, and those seeking access to judicial review.

Bargain basement representation will damage this country’s reputation for justice. I urge the Justice Secretary to listen to the wise counsel of the Attorney-General back in 2004. He should also listen to the widespread concern being expressed throughout the country and to the views being expressed on both sides of the House, and he should go back to the drawing board.