Defending legal aid

Promoting the rule of law and access to justice

The rule of law means nothing without effective access to justice - all individuals need access to competent and independent legal advice and strong representation in court. The legal aid safety net is as important as it has ever been, yet in recent years the system has been driven to breaking point.

We fought against the introduction of a seriously misguided proposal for best value tendering for criminal defence services. We had numerous meetings with practitioners in the affected areas and took every opportunity to put pressure on the Ministry and LSC. We secured extensive legal advice on the options available to us. Eventually, in December 2009, less than one working week before the tender was due to open, the Ministry withdrew the proposal.

Looking ahead

We are keen to arrive at positive proposals of our own as to how the legal aid system should develop during the course of the next Parliament. This year we conducted an Access to Justice Review and published an interim report, containing an extensive discussion of the challenges facing the legal aid system, the principles that should underpin any new arrangements, and some ideas that have been suggested or that are used in other jurisdictions. The key issues were presented online in a video discussion and solicitors were invited to respond via an online questionnaire and at free seminars around England and Wales. A final report is due to be published in late 2010, containing specific recommendations.

We have serious concerns about the likelihood of financial cuts being imposed by the new government and we will continue to campaign vigorously for a properly funded, sustainable system of legal aid and fair remuneration for solicitors engaged in both civil and criminal work.