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Carter Review

I am grateful to the Under-Secretary for her courtesy in giving the Opposition early sight of her statement today, and I thank Lord Carter for his meeting with me. We welcome the publication of the report, and will study the proposals in detail. We hope that it will spark a debate that can provide the basis for a consensus on reform of the legal aid system that is built to last. Legal aid remains the cornerstone of our criminal justice system, providing access to justice for millions of people, but today it is in crisis. In 1997, the Government promised to reform legal aid in order to"““achieve value for money for the taxpayer and the consumer””." Instead, we have seen a 35 per cent rise in the overall legal aid budget, while at the same time spending on civil legal aid, excluding asylum, is down by a quarter. That in turn is damaging access to justice for many of the most vulnerable people in society. So we all agree that reform is necessary. We endorse Lord Carter’s emphasis on the need to tackle very high cost cases, which account for around half of current criminal legal aid budget. In that context will the Under-Secretary tell us what steps the Crown Prosecution Service, the Serious Fraud Office, Her Majesty’s Revenue and Customs and the British Transport police intend to take in order to respond to the challenge of managing the prosecution of cases more efficiently and effectively? Does she agree that in addition to the measures proposed by Lord Carter, more effective case management by courts is essential if costs are to be kept down? Much is made of the fees earned by barristers at the top end of the scale in very high cost cases, but the Under-Secretary will be aware of the concerns among barristers and solicitors about many more in the profession who rely on legal aid work, yet who barely earn enough to get by. Does she accept that that has already resulted in fewer lawyers choosing publicly funded legal aid work as a career, which in turn is placing huge strains on the civil legal aid system? The Under-Secretary will know that the Bar Council is concerned by the further delays before help is provided for those doing those shorter cases. The London Criminal Courts Solicitors’ Association has said today that Lord Carter’s proposals:"““will stop the recruitment of able and passionate solicitors to this area of legal practice””." How does the Under-Secretary respond to such concerns? There are other parts of the statement, and Lord Carter’s report, that give rise to concerns—in particular, the likely impact on the network of high street solicitors and law centres, such as the one that I visited in Tower Hamlets recently. In particular, will the Under-Secretary respond to the fears expressed by many that Lord Carter’s proposals on procurement sound the death knell for small high street solicitors undertaking legal aid work? This morning, the vice-president of the London Criminal Courts Solicitors’ Association said that the proposals were:"““an enormously bureaucratic and costly re-organisation of the supplier base which is the high street solicitor that will lead, perhaps, to many of them closing””." What steps do the Government intend to take to deal with those concerns and to allay fears that advice deserts will emerge? Page 52 of Lord Carter’s report refers to the needs of vulnerable black and ethnic minority clients. She will be aware that many small high street solicitors tailor their services to the needs of black and ethnic minority clients. However, under Lord Carter’s plans, those are precisely the types of firm that risk being squeezed out of the system and, in the process, significant role models of success in the legal world for minorities will be lost. Does she agree with the Criminal Law Solicitors’ Association which has said that such firms will be ““disproportionately disadvantaged”” by Lord Carter’s plans? Finally, the Minister referred to the publication of a consultation paper on Lord Carter’s report. Will the Under-Secretary confirm, therefore, that valuable as his report is, it does not represent the final word, that there is some scope to refine his plans and that the Government will address the genuine concerns of many in the legal profession who want a system that combines both value for money and proper access to justice?