Attack on the rule of law - fighting back!
By CHRIS JOHNSON of Community Law Partnership
Further to the first blog on this subject concerning the Civil Legal Aid Regulations and the fact that they may prevent legal aid firms from being able to take on judicial review cases, Ed Milliband, the Leader of the Opposition has lodged a motion seeking to annul (i.e. overturn) the Regulations. See: http://www.parliament.uk/edm/2013-14/1220
This will lead to a vital debate in the House of Commons. Please ask your MP to sign this motion and to take part in the debate. Below is a standard letter which you might like to use to e-mail to or write to your MP.
Any queries please contact CLP at office@communitylawpartnership.co.uk or phone us on 0121 685 8595.
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Dear [name of your MP],
I am one of your constituents. I would like to bring to your attention this motion concerning legal aid and judicial review:
http://www.parliament.uk/edm/2013-14/1220
These Regulations were laid before Parliament on 14 March 2014. They will cut legal aid for people seeking judicial review unless the High Court grants them permission. Although there will be some exceptions, lawyers will have to be prepared to do huge amounts of work for no pay at all. They may not be able to continue to do this. The Legal Aid Agency will retain a discretion to make payment in cases where the case settles after issue but before reaching the permission stage. Expand a bit on yourself e.g. I am a Gypsy, I am an Irish Traveller etc I am concerned about the effect these Regulations may have on disadvantaged Gypsies and Travellers e.g. those who have to resort to unauthorised encampments or developments.
These regulations renege on the Government’s assurance that it would keep legal aid available for urgent injunctions (such as emergency injunctions requiring local authorities not to evict Gypsies and Travellers where they are doing so unlawfully).
I believe this will have a very bad effect on access to justice and public interest cases as lawyers may be unable to risk not being paid for large amounts of work. Solicitors will have to be referring clients to their MP for assistance in this area as the risks to their business may be too great.
I am concerned that, due to being implemented by means of secondary legislation, these changes to legal aid in judicial review cases will not be subject to full scrutiny in Parliament. This is despite the fact that Parliament made specific exceptions to protect legal aid for judicial review in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2014 are due to be implemented on 22 April 2014.
An Early Day Motion has been laid asking for the Regulations to be annulled as set out in the link above. You can see that the Shadow Justice Secretary and Shadow Attorney General have already signed it. Please can you sign this and urge other colleagues to do the same. This is a matter crucial to the question of the rule of law. It is vital that these regulations are properly debated and are amended to ensure that the Government’s stated intentions, as contained in their response to the recent consultation Judicial review: proposal for further reform (https://www.gov.uk/government/publications/judicial-review-proposals-for-further-reform-the-government-response ) are properly implemented. These regulations do not properly implement the proposals.
Thank you for considering this matter.
Yours sincerely,
[Your name]