Andy Slaughter

Here’s another speech from Tuesday’s legal aid demonstration – this time from Labour’s shadow justice minister, Andy Slaughter.

I think those interested in the debate about legal aid are not only entitled to, but should, closely scrutinise Labour’s plans as well as the government’s. There’ll probably be a Labour or Labour-led government two years from now, so the future of legal aid is likely to be in Labour’s hands as well as this government’s.

What I want to see is honesty from Labour. This week’s new mood of realism about public spending from both Ed Miliband and Ed Balls must be reflected in what Labour says about legal aid as well as other areas of policy. If they really see legal aid as an exceptional priority, and intend to reverse Chris Grayling’s proposed cuts, then that needs to be spelled out.

But I don’t think Labour does or can take that view. As Adam Pogonowski has reminded me, Sadiq Khan said only last autumn on the fringe of Labour’s Manchester conference that

The reality is that in 2015, when we will hopefully win the election, we won’t be able to turn the tap back on and increase funding for the criminal justice system

To be fair to him, that was before Chris Grayling’s criminal legal aid plans were announced. But according to the Law Society Gazette, at that same meeting in Manchester

Khan did not directly answer a question about whether Labour would support further cuts to criminal legal aid, but he reiterated his party’s support for the introduction of price-competitive tendering for criminal defence services. He said that if it had been introduced, it would have saved money that have been used to fund legal aid in social welfare law.

Yet in this more recent article, Sadiq Khan, while criticising Chris Grayling’s detailed proposals, I think risks giving the impression that he opposes price competitive tendering altogether.

I want honesty from Labour. It’s reasonable for them to oppose the detail of Chris Grayling’s proposals, their timing and their full scale, while accepting much of their broad thrust and principle, and not proposing to completely reverse them. That’s more or less my position. And I support them if they plan, as Sadiq Khan has written

an urgent strategic review looking at the system in its entirety – from charge to prosecution to verdict – to examine whether our current system is fit for future challenges, rooting out inefficiency and bureaucracy.

That would fit with Ed Balls’s proposed “zero-based” approach to restructuring public spending if Labour gets in.

What’s not reasonable is for Labour to give the impression of being fully in agreement with Tuesday’s “Save Justice” demonstrators – most of whom are not, I reckon, minded to accept any significant criminal legal aid cuts – if they know that, in power, they’d accept many of the cuts being made now, or would make broadly similar cuts of their own, on a broadly similar scale.

It’s against that background that I think speeches from opposition spokesmen need to be heard.

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Geoffrey Robertson2

Geoffrey Robertson’s was another impressive speech today. He reminded us of the days of the “dock brief” and of what Stephen Sedley has called the “great sleep” of public law in the middle of the 20th century – just before legal aid was created, he reminded us. He ended by attacking the government’s “hidden agenda”: to make it easier for itself to act unlawfully, without proper scrutiny or redress.

He was the one speaker I heard to make any counter-proposals for cuts: he suggested better off households might have to make substantial contributions to criminal legal aid, rather than being denied it altogether; and he suggested cutting more from silks’ fees rather than doing as the government plans. He mentioned Trident, too – which he said was worth 45 years of legal aid.

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Michael Fordham

Michael Fordham QC was I think the star of today’s “Saving Justice” demo outside the Ministry of Justice. His speech was both angry and funny – he called the Ministry of Justice “wankers”. And his avocado of justice, odd as it sounds, went down a storm with his audience.

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Dinah Rose QC

Here’s Dinah Rose’s speech at the “Save Justice” demonstration in front of the Ministry of Justice this afternoon. She began with a “declaration of a lack of interest” as someone who’s never done criminal legal aid work.

I must thank Joshua Rozenberg, who kindly helped with sound.

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Denying defendants a choice of lawyers is wrong

June 4, 2013

Even I’m concerned about Chris Grayling’s proposals for criminal legal aid. When the government announced cuts to civil legal aid, I broadly backed them, in contrast to most lawyers. Now, the government’s proposing some further cuts to civil legal aid as well as major changes to the criminal legal aid system – most dramatically, a [...]

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The future of press regulation: Law Society webinar

May 31, 2013

The Law Society asked me recently to take part in a webinar to discuss the future of press regulation with the Law Society Gazette’s news editor Michael Cross – and the webinar’s now available online for free, if you register with the Law Society’s CPD centre. It’s worth an hour’s CPD. The webinar covers: How [...]

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Theresa May’s treaty with Jordan: this is the game-changer she needs

April 24, 2013

A day after the Court of Appeal refused her permission to appeal to the Supreme Court in the Abu Qatada case, Theresa May’s announcement today of a mutual legal assistance treaty with Jordan seems finally to turn the case in her favour. Here is the treaty: UK-Jordanian Mutual Legal Assistance Treaty (PDF) UK-Jordanian Mutual Legal [...]

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Media Reform Coalition consults bloggers and small publishers on press regulation

April 4, 2013

The Media Reform Coalition has spotted that the current proposals in the Crime and Courts Bill, inserted at the last minute to give statutory backing to the press self-regulation system the main parties have agreed on, may not work properly for small and online publishers, like bloggers. So I’m pleased to say it’s decided to [...]

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Crime and Courts Bill: the press regulation provisions

March 29, 2013

Parliament hasn’t yet published a text of the Crime and Courts Bill taking account of the recent Commons and Lords amendments dealing with press regulation. But seeing the provisions as they stand today may help discussion of the proposed system – which is widely misunderstood. So I’ve put together a version of the press regulation [...]

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The press regulation jigsaw’s missing piece: writers

March 28, 2013

In Monday’s Lords debate about the new press regulation provisions inserted into the Crime and Courts Bill, one line stands out above all. Discussing an amendment about the vicarious liability of publishers, justice minister Lord McNally said (column 876): the liability of individual journalists at common law remains as it is now. Although said in [...]

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