3. How his new model of legal aid tendering will help to ensure a more stable environment for law firms in the future. (900365)
Under our proposals to reform legal aid, contracts will be let for at least four years and defendants will be free to choose their lawyer. Current firms can continue, provided they meet minimum quality standards. An updated tendering model for duty work seeks to make the market more sustainable by awarding contracts based on quality and capacity, not on price. All those proposals have been worked through and agreed with the Law Society.
I am grateful to my right hon. Friend for that answer. A number of firms in my constituency have initial concerns about the proposals, particularly firms such as Harringtons that have been encouraged to specialise in legal aid. Will my right hon. Friend commit to providing interim payments to such firms in long-running and complex cases, as that would be of great benefit to them?
I can give that assurance to my hon. Friend. We are looking across the legal aid and legal services world at ways to improve cash flows, where appropriate by providing interim payments to barristers and solicitors, and we have invited ideas from all parts of the profession on how best to do that. Even if we have to take tough overall financial decisions, I am keen to ensure that we ease cash flow challenges, which are a regular complaint from lawyers.
Given the large number of local black, Asian and minority ethnic legal firms, including in Liverpool, why has no equality impact assessment been undertaken on the Government’s plans for legal aid?
We have done equality work, and the changes announced in September will mean that there should be no reason for any BAME specialist firm to have to change what it does.
18. Will the Secretary of State confirm that the revised proposals have been agreed with the Law Society, and that small, local law firms will have continuing access to get that work? (900381)
I can give that confirmation. We have tried to ensure that through a contracting structure for duty work, we can guarantee that anybody who is arrested and taken to a police station will always have access to a lawyer. At the same time, we recognise the point about small firms in my hon. Friend’s constituency, and those in Liverpool mentioned by the hon. Member for Liverpool, Wavertree (Luciana Berger). Such firms can continue to do their own client work, albeit in a tough financial environment, so that the choice that has been enjoyed in the past will continue.
Will the Secretary of State tell the House what recent discussions he has had with the Minister of Justice in the Northern Ireland Assembly on the sensitive issue of legal aid, and say what was the outcome of those discussions?
I have had a number of discussions with the Justice Minister over the months. We have not specifically discussed our legal aid reforms, but I know he has similar financial challenges to ours. He has mentioned those challenges to me, and I know he is looking at how best to deal with them.
The Secretary of State knows how welcome his announcement was a few weeks ago, and how he listened to responses. Concerns remain, however, about the shortage of members of the Bar doing legal aid work in welfare law and the like, and about the fees currently proposed for remunerating them. Is he willing to look open-endedly at that fee regime to ensure that we have good lawyers who are able to represent people on legal aid in the future?
We will continue to try to ensure that we provide the right financial balance. Most senior members of the Bar mention the number of people training as barristers compared with the number of pupillages available, as that represents a huge challenge for the legal profession. The Government will continue to work to achieve the right balance, but under our proposals for criminal legal aid, in normal routine Crown court work the lowest daily amount we will be paying is £225 plus VAT.
Does the Secretary of State agree with the former chairman of the Criminal Bar Association who commented this weekend that for the Secretary of State to hold a “global law summit” to celebrate Magna Carta, while destroying access to justice through his legal aid policy, and access to human rights by his threats to repeal the Human Rights Act 1997 and withdraw from the European convention on human rights, is “hypocrisy” that “beggars belief”?
Everyone has a right to their opinion, and I think that that is complete hogwash. It is absolutely right and proper that this country should celebrate a profession that makes a huge contribution to this country and its economy. We should celebrate our long legal traditions and we will do so proudly in 2015. That does not mean that we do not have to take tough financial decisions to clear up the mess that Labour left behind.
The right hon. Gentleman has never been a big fan of the Criminal Bar Association—that might be reciprocated—but does he agree with the president of the Supreme Court, who last week said that legal aid:
“ensures that the most underprivileged people in society, the people who need the protection of the law most…get a proper hearing”
and that
“legal aid cuts therefore do cause any person concerned with the rule of law worry”?
That is precisely why, despite taking the tough financial decisions, we are ensuring that anybody who cannot afford it, if they are arrested and charged with a crime, will always have access to a qualified lawyer, and qualified barrister if they need one, to provide them with a proper defence, according to the traditions of Magna Carta.