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Statutory instruments introducing the legal aid pay cuts have been roundly criticised by the House of Lords Secondary Legislation Scrutiny Committee.
As “a matter of important policy” and on the ground that they may “imperfectly achieve their policy objectives”, the special attention of the House has been drawn to the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013, the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013 and the Civil Legal Aid (Remuneration) (Amendment) Regulations 2013.
The House was urged to press the Ministry of Justice for a “more robust argument to support its assertions that the instruments will not have an impact on the administration of justice”.
The Scrutiny Committee, which examines the policy merits of legislation laid before the House of Lords subject to Parliamentary procedure, reviewed the SIs in the light of the strong objections registered by the Bar Council, Bar Standards Board and Criminal Bar Association.
“Although the MoJ’s stated objective is to make savings of £20 million a year from these changes,” the Committee’s 18th Report of Session read, “the potential unintended consequences set out in the correspondence indicate that this may not be realised at least in the transitional phase, if cases are dropped and have to start from scratch with another advocate.
“The profession’s objection to fee rates being set outside the contract and, therefore, subject to change without the right to re-negotiation may also have a significant impact on the supply of suitably qualified advocates.”
On the civil regulations, the Committee recommended that the House should request a “more complete explanation” of the way the fee scheme will work in practice, noting insufficient information in the explanatory memorandum (20th Report of Session).
Maura McGowan QC, Chairman of the Bar, urged Parliamentarians to agree with the recommendations of the Scrutiny Committee and to press for a “much-needed debate” to evaluate the significance of these changes. This “poorly drafted legislation” would “damage access to justice” and “threaten the continued viability of practice of many publicly funded barristers,” she said.
A prayer to annul the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013, laid by Lord Carlile of Berriew, was due to be debated in the House of Lords as Counsel went to press. The regulations would be annulled if the prayer motion is agreed by the House within 40 days of the statutory instrument being laid. McGowan wrote to all peers to emphasise the importance of the debate to the Bar.
As “a matter of important policy” and on the ground that they may “imperfectly achieve their policy objectives”, the special attention of the House has been drawn to the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013, the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013 and the Civil Legal Aid (Remuneration) (Amendment) Regulations 2013.
The House was urged to press the Ministry of Justice for a “more robust argument to support its assertions that the instruments will not have an impact on the administration of justice”.
The Scrutiny Committee, which examines the policy merits of legislation laid before the House of Lords subject to Parliamentary procedure, reviewed the SIs in the light of the strong objections registered by the Bar Council, Bar Standards Board and Criminal Bar Association.
“Although the MoJ’s stated objective is to make savings of £20 million a year from these changes,” the Committee’s 18th Report of Session read, “the potential unintended consequences set out in the correspondence indicate that this may not be realised at least in the transitional phase, if cases are dropped and have to start from scratch with another advocate.
“The profession’s objection to fee rates being set outside the contract and, therefore, subject to change without the right to re-negotiation may also have a significant impact on the supply of suitably qualified advocates.”
On the civil regulations, the Committee recommended that the House should request a “more complete explanation” of the way the fee scheme will work in practice, noting insufficient information in the explanatory memorandum (20th Report of Session).
Maura McGowan QC, Chairman of the Bar, urged Parliamentarians to agree with the recommendations of the Scrutiny Committee and to press for a “much-needed debate” to evaluate the significance of these changes. This “poorly drafted legislation” would “damage access to justice” and “threaten the continued viability of practice of many publicly funded barristers,” she said.
A prayer to annul the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013, laid by Lord Carlile of Berriew, was due to be debated in the House of Lords as Counsel went to press. The regulations would be annulled if the prayer motion is agreed by the House within 40 days of the statutory instrument being laid. McGowan wrote to all peers to emphasise the importance of the debate to the Bar.
Statutory instruments introducing the legal aid pay cuts have been roundly criticised by the House of Lords Secondary Legislation Scrutiny Committee.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
