Posted by Jake on Saturday, June 22, 2013 with 5 comments | Labels: Article, Big Society, budget cuts, Graphs, inequality, Liebrary, the courts
The wealthy live more opulently than the poor. But generally speaking the expensively dressed wealthy don't themselves benefit from the tatty outfits of their less well heeled fellow citizens. Indeed, when they are able the wealthy take the trouble to dress their servants very well.
http://en.wikipedia.org/wiki/File:Amesservants.jpg |
Few people take active pleasure in the poverty of others. They enjoy the inequality in the form of their own comfort, and just ignore the discomfort of the rest.
This is true with clothes and jewelry and houses and cars. It is true with private education and health. The wealthy buy their privileges. The principal benefit to the wealthy few of the poor services meted out to the majority is low taxes.
But this is not true of justice. Justice denied to one is justice escaped by another. The withdrawal of legal aid will mean those who can't afford to pay for their justice will not be able to afford to pursue those who can. According to a BBC report:
"The government is removing funding from entire areas of civil law. They include:
- Private family law, such as divorce and custody battles
- Personal injury and some clinical negligence cases
- Some employment and education law
- Immigration where the person is not detained
- Some debt, housing and benefit issues"
To justify pulling legal aid, we are told a host of fibs about how it is 'ballooning' out of control. So we looked around, and found some data in a report by the parliamentary select committee responsible for Justice:
1) Has the Legal Aid cost been ballooning? No: it has been falling since 2004:
2) Is this because the number of cases has been falling? No, they have been rising. In spite of rising number of cases since 2004, the costs have NOT been rising:
3) Is the legal aid money pouring into the pin-striped pockets of legal fat-cats? No: according to the Law Society president Lucy Scott-Moncrieff the average earnings of a legal aid lawyer are £25,000 per year.
4) Are the cuts in legal aid cutting waste and inefficiency? No: the Ministry of Justice itself admits they are simply saving money by cutting our rights to justice:
"In seeking to learn how best to reduce costs from other jurisdictions, Ms Albon [Director for Civil, Family and Legal Aid Policy at the Ministry of Justice] admitted that the Ministry of Justice had found it "difficult to find some other area, look at it and think they are providing a much better and cheaper service than us. Mostly, when they are spending a lot less, it is because they are buying a lot less."[41]"
The withdrawal of Legal Aid will provide more than just lower taxes for the wealthy. It will benefit big people and organisations who would rather not face little people as equals in the eyes of the Law.
The Independent newspaper reports:
ReplyDelete"Justice Secretary Chris Grayling in U-turn: Defendants on legal aid will still be able to choose their solicitor"
http://www.independent.co.uk/news/uk/politics/justice-secretary-chris-grayling-in-uturn-defendants-on-legal-aid-will-still-be-able-to-choose-their-solicitor-8682397.html
BBC reports:
ReplyDelete"Government plans to cut legal aid in criminal cases have been criticised by an elite group of barristers used by it to prosecute the most serious crimes.
Treasury Counsel, appointed by the attorney general, said the cuts - £220m from a yearly budget of £1bn for criminal cases - were unsustainable.
Maura McGowan QC, chairwoman of the Bar, said: "Over a period of several months, we have entered into conversations with government openly and honestly to try to find a resolution on legal aid which would protect the justice system.
"It is now clear that the government has never sought to match that intention.
"It is hard to avoid the conclusion that it has put cuts before justice.
"What we have seen instead is the denigration of thousands of members of the profession, who work hard in the public interest, whether in civil or criminal courts, and have had to endure deeper cuts than anywhere else in the public sector."
http://www.bbc.co.uk/news/uk-24781453
BBC reports:
ReplyDelete"Government claims publicly-funded barristers earn £84,000 a year were potentially misleading, the head of the UK Statistics Authority has said.
In a critical letter to the Ministry of Justice, Sir Andrew Dilnot said the government ignored lower estimates to justify £220m cuts to the legal aid budget in England and Wales."
http://www.bbc.co.uk/news/uk-26635572
LocalGovernmentLawyer reports:
ReplyDelete"The President of the Family Division is to consider whether to require a local authority, the legal aid fund or the Courts and Tribunal Service to meet the costs of parents with learning disabilities who do not have legal aid for adoption proceedings concerning their son.
The case of D (A Child) relates to whether the boy, D, should live with the parents or, if they cannot adequately look after him, with other members of his family, or should he (as Swindon Council argues) be adopted outside the family.
Decisions about what should happen were not the issue before Sir James Munby at a hearing on 8 October, however. “What I have to grapple with is the profoundly disturbing fact that the parents do not qualify for legal aid but lack the financial resources to pay for legal representation in circumstances where, to speak plainly, it is unthinkable that they should have to face the local authority's application without proper representation,” the President said."
http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=20658%3Ajudge-may-order-council-to-pay-costs-of-parents-in-adoption-case-if-no-legal-aid&catid=54&Itemid=22
National Audit Office statement on Legal Aid Cuts:
ReplyDeletehttp://www.nao.org.uk/report/implementing-reforms-to-civil-legal-aid/
"In implementing the reforms, the Ministry did not think through the impact of the
changes on the wider system early enough. It is only now taking steps to understand
how and why people who are eligible access civil legal aid. The Ministry needs to
improve its understanding of the impact of the reforms on the ability of providers to meet
demand for services. Without this, implementation of the reforms to civil legal aid cannot
be said to have delivered better overall value for money for the taxpayer."
Amyas Morse, head of the National Audit Office, 20 November 2014