“It is the charter of the little man to the British courts of justice. It is a Bill which will open the doors of the courts freely to all persons who may wish to avail themselves of British justice without regard to the question of their wealth or ability to pay.” So said former Attorney General Sir Hartley Shawcross, introducing the Legal Aid and Advice Bill more than six decades ago.
We’re lucky enough to live in the oldest unbroken democracy on earth. This should be a place where the seriously injured can access emergency treatment without anyone checking their wallets; it should also be a place where the vulnerable and the voiceless can defend their rights and challenge state abuse, even if they can’t afford to pay. But the latest, brutal cuts to our legal aid system jeopardise our proud legacy as a nation which believes in justice for all.
Civil legal aid cuts have already put publically-funded advice and representation beyond the reach of many. Now access to civil legal aid is to depend on a residency test that’s not only unfair but likely unlawful. It’ll lead to the arbitrary removal of assistance for many people – from child trafficking victims to those seeking redress for torture at the Government’s hands. And changes to Judicial Review funding risk leaving the powerful that bit freer to act with impunity.
Further, the harmonisation of fees for criminal legal aid is hugely concerning. With representatives receiving the same remuneration for a guilty plea as for a trial, it will create a real conflict of interest between lawyer and client. And the Ministry of Justice, despite an apparent U-turn on client choice, has simply said it is “developing alternatives” to include competitive tendering and “some extent” of choice for defendants. With another consultation due in September, as always the devil may be in the detail.
Such reforms are a deliberate assault on justice itself. This debate goes to the very heart of our national conscience. When politicians find themselves caught up in scandals of their own, they’re the first to call in the lawyers. We may all need legal help at some point. And the poor and the vulnerable need it more than most.
That’s precisely why Liberty is part of the Justice Alliance – together with other legal organisations, charities, community groups, trade unions and individuals – fighting hard to save legal aid. Yesterday our Director, Shami Chakrabarti, spoke at the Alliance’s Rally for Legal Aid outside the Old Bailey, to mark the 64th anniversary of Sir Hartley’s Bill becoming law. She was joined by a host of other speakers including Inquest’s Helen Shaw, comedian Josie Long and Sadiq Khan, the shadow Justice Secretary.
Yesterday’s turnout was fantastic, and Shami was keen for the crowd to celebrate legal aid rather than mourn its death. After all, as she told listeners gathered outside the famous old courthouse, this fight for justice has only just begun.
