In July, the committee published its report, ‘Access to justice: legal aid’, highlighting how decreasing availability of legal aid and rising levels of self-representation are creating an ‘unacceptably high risk of miscarriages of justice’ and undermining the ‘efficient administration’ of the courts.
This week, the committee spoke out about the government’s response. Despite ‘giving the government an extended time to respond’, it did ‘not indicate which of our recommendations it accepts or rejects’ and ‘gives no justification for this approach’, the MPs said. Instead, the government’s response ‘describes existing initiatives, or says that a proposal will be explored at some later point’.
In magistrates’ courts, for example, the committee had expressed concern about the eligibility threshold for criminal legal aid, which has not been uprated since 2009 and would exclude an adult on a full-time minimum wage who has no dependants. The committee recommended a means test review. The government responded that it agreed ‘in principle’ but would wait until court reforms have been implemented.
However, the committee said: ‘This reverses the proper order of events. [The reforms] will place more serious cases, carrying greater consequences for defendants, within the magistrates’ court. The need to ensure that defendants can obtain legal representation therefore becomes more urgent before those reforms are implemented.’
Committee chair Catherine Atkinson said: ‘Financial eligibility thresholds remain unacceptably low, while falling provider numbers are putting essential help increasingly out of reach.
‘Defendants face the prospect of prison without legal advice or representation. As plans to extend magistrates’ sentencing powers move forward, the case for immediate intervention could not be more urgent.’
Law Society president Brett Dixon said: ‘We are pleased to see the committee recognise the government’s inadequate response, particularly around court reforms and investment in civil legal aid that covers family, housing and other everyday cases that affect people’s lives. Lack of criminal legal aid reform is particularly concerning while changes such as the Courts and Tribunals Bill are progressing through Parliament.’
