CON DEMS ATTACK LEGAL AID

RMT helpline 0800 376 3706 :: may 2013 :: RMTnews 27 At present there are about 1,600 solicitors firms who hold contracts to deliver legally aided criminal defence in England and Wales. The government consultation document Transforming Legal Aid seeks to cut that number to 400 through a process of “price competitive tendering” in 44 areas, for instance London is divided into three, central and west with 38 contractors, north and east 27 and South London 18. So, for example, the 38 contractors in central and west London would have 1/38th of the criminal cases each. Guaranteeing these volumes is only possible because this plan eliminates client choice. No one charged with a crime would ever be able to choose their lawyer if they want to have legal aid. This is an extraordinary and unprecedented change which will also mean that union members whenever and wherever accused could no longer be referred to the unions trusted lawyers, but would be allocated randomly to a contractor in the area where the alleged crime arose. But, this is only half the picture. A successful bidder for contracts will have to bid at “cowboy prices”. The maximum permitted bid in each category of cases, police station investigation, Magistrates Court representation or Crown Court, will be the current average cost per case minus 17.5 per cent. So it’s a 17.5 per cent minimum cut but to be successful, desperate bidders who face the extinction of their businesses are likely to go much lower, more like 25 to 30 per cent or even further, and there is no bottom price. The contractors who are left standing will be under enormous pressure as the prices bid will be so low and the price for each case is the same whether they do a lot of work or none. The incentive will be to have as many clients plead guilty as quickly as possible. Everyone who pleads not guilty will be a burden. Reputation will have gone out of the window because the volume of work is guaranteed and reputation will not matter for the future as there are no “own clients” who have chosen that firm. In summary: no choice, cowboy prices and pressure to plead guilty in a system where reputation does not matter, this is a disaster for justice. The legal aid system of this country is being dismembered. Already vast cuts to civil legal aid are in place. For instance it has been 20 years since there has been a rise in hourly rates and instead there have been remorseless cuts for the last decade. Despite these remorseless cuts legal aid lawyers have maintained services in high streets across the country. Many believe this is an attempt to create larger and fewer suppliers as a prelude to even larger and fewer contracts to be let to those favourite government contractors, G4S, Serco, Capita and similar global firms who aim to capture large chunks of government expenditure. What can be done to stop this vicious assault on access to justice? A massive response to the consultation which closes on June 4 2013, for help and guidance on responding visit the websites of the London Criminal Courts Solicitors Association (LCCSA) or the Criminal Law Solicitors Association (CLSA). A demonstration took place near Parliament on May 22 and you can lobby local MPs. However it is already apparent that most of them have not understood that clients lose choice. There is a massively subscribed E-Petition and we hope everyone spreads the word and signs the petition below. Justice was hard won by working class political struggle and now it is under assault as never before. https://submissions.epetitions. direct.gov.uk/petititions/48628 CON DEMS ATTACK LEGAL AID Government unveils plans to restrict access to legal aid in an unprecedented assault on justice for working people