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| Government may back down on legal aid reforms | Government may back down on legal aid reforms |
| (about 3 hours later) | |
| The Ministry of Justice is preparing to announce significant concessions in its proposals to reform criminal legal aid. | The Ministry of Justice is preparing to announce significant concessions in its proposals to reform criminal legal aid. |
| Speculation is growing that the government will back down on unpopular plans to introduce price-competitive tendering in contracts for solicitors to represent defendants in courts and police stations. | Speculation is growing that the government will back down on unpopular plans to introduce price-competitive tendering in contracts for solicitors to represent defendants in courts and police stations. |
| Intensive talks have continued throughout the summer between the Law Society, which represents solicitors in England and Wales, and MoJ officials in an attempt to render the changes more acceptable to the legal profession. Chris Grayling, the justice secretary, has been closely involved. | Intensive talks have continued throughout the summer between the Law Society, which represents solicitors in England and Wales, and MoJ officials in an attempt to render the changes more acceptable to the legal profession. Chris Grayling, the justice secretary, has been closely involved. |
| The announcement is expected to launch a fresh consultation on a redesigned set of measures. The same savings of £220m are still being sought. The money will have to come through cuts to fees. | |
| What may disappear, or be reduced to one option among many, is the introduction of price-competitive tendering, which lawyers fear will enable large-scale service providers, such as G4S, to outbid local firms of solicitors and take over their work. | What may disappear, or be reduced to one option among many, is the introduction of price-competitive tendering, which lawyers fear will enable large-scale service providers, such as G4S, to outbid local firms of solicitors and take over their work. |
| One new firm, Stobart Barristers, a subsidiary of the trucking conglomerate, has already expressed interest in bidding for new contracts through a price-competitive tendering process in order to cut out the need for solicitors. | One new firm, Stobart Barristers, a subsidiary of the trucking conglomerate, has already expressed interest in bidding for new contracts through a price-competitive tendering process in order to cut out the need for solicitors. |
| Replying to a Westminster Hall debate in parliament on Wednesday morning, the justice minister Jeremy Wright said his department had received nearly 16,000 responses to its initial consultation. | Replying to a Westminster Hall debate in parliament on Wednesday morning, the justice minister Jeremy Wright said his department had received nearly 16,000 responses to its initial consultation. |
| He told MPs: "It's important that we listen. We have done that. [Members] will see the fruits of that when we are able to respond to the consultation, which we will do as soon as possible." | He told MPs: "It's important that we listen. We have done that. [Members] will see the fruits of that when we are able to respond to the consultation, which we will do as soon as possible." |
| On the question of whether price-competitive tendering would still be supported, he announced: "This is a crucial question – should we deal with legal aid reform in this way?" The minister accused Labour of supporting the scheme until recently, a jibe that would have a greater sting if the government is preparing to abandon that position. | On the question of whether price-competitive tendering would still be supported, he announced: "This is a crucial question – should we deal with legal aid reform in this way?" The minister accused Labour of supporting the scheme until recently, a jibe that would have a greater sting if the government is preparing to abandon that position. |
| The Law Society confirmed there had been intensive talks with the MoJ over the past six and a half weeks. "The Law Society has not had a summer holiday," an official said. "We have had meetings on a weekly basis all through the break." | The Law Society confirmed there had been intensive talks with the MoJ over the past six and a half weeks. "The Law Society has not had a summer holiday," an official said. "We have had meetings on a weekly basis all through the break." |
| Another proposal that has attracted widespread criticism is the structure of fees, which it is claimed will lead to more defendants being encouraged to enter early guilty pleas. "It will be a financial incentive for the defendant to plead guilty," the Labour MP Karl Turner, who initiated the debate, told MPs on Wednesday. | Another proposal that has attracted widespread criticism is the structure of fees, which it is claimed will lead to more defendants being encouraged to enter early guilty pleas. "It will be a financial incentive for the defendant to plead guilty," the Labour MP Karl Turner, who initiated the debate, told MPs on Wednesday. |
| Steve Hynes, director of the Legal Action Group, said: "If the government backs down on competitive tendering that's a victory for the Law Society but I would be extremely surprised if they back down on the volume of fee cuts. | Steve Hynes, director of the Legal Action Group, said: "If the government backs down on competitive tendering that's a victory for the Law Society but I would be extremely surprised if they back down on the volume of fee cuts. |
| "They will keep the existing number of suppliers in the system at a time when there's a decreasing volume of work. You will get the same number of providers scrambling for a lower volume of cases. | "They will keep the existing number of suppliers in the system at a time when there's a decreasing volume of work. You will get the same number of providers scrambling for a lower volume of cases. |
| "The government will still save its £220m while some law firms will go to the wall because they won't have sufficient work. Fee cuts of up to 30% in high costs cases means the government has barristers squarely in its sights." | "The government will still save its £220m while some law firms will go to the wall because they won't have sufficient work. Fee cuts of up to 30% in high costs cases means the government has barristers squarely in its sights." |
| If price-competitive tendering is dropped, it will be the MoJ's second major climbdown over changes to legal aid. It has already abandoned proposals that would have prevented defendants from choosing which solicitor represents them. | If price-competitive tendering is dropped, it will be the MoJ's second major climbdown over changes to legal aid. It has already abandoned proposals that would have prevented defendants from choosing which solicitor represents them. |
| Defending the need for savings, an MoJ spokesperson said: "At around £2bn a year we have one of the most expensive legal aid systems in the world. At a time when everyone is having to tighten their belts we cannot close our eyes to the fact legal aid is costing too much and has mushroomed into something far bigger than it was intended to be. | Defending the need for savings, an MoJ spokesperson said: "At around £2bn a year we have one of the most expensive legal aid systems in the world. At a time when everyone is having to tighten their belts we cannot close our eyes to the fact legal aid is costing too much and has mushroomed into something far bigger than it was intended to be. |
| "We are clear we must protect everyone's right to a fair trial, and our proposals would do just that. Lawyers would still be available to anyone needing advice or charged with a crime, just as they are now. The justice secretary has been very clear this is a genuine consultation and that he expects a short period of further consultation on certain changes, for example how to add client choice. This is expected to be published imminently." | "We are clear we must protect everyone's right to a fair trial, and our proposals would do just that. Lawyers would still be available to anyone needing advice or charged with a crime, just as they are now. The justice secretary has been very clear this is a genuine consultation and that he expects a short period of further consultation on certain changes, for example how to add client choice. This is expected to be published imminently." |
| Sadiq Khan, the shadow justice secretary, said: "Although I welcome reports the Tory-led government is about to abandon parts of its half-baked plans for criminal legal aid, I fear mark 2 will still deny access to justice to millions whilst reducing our justice system to a two-tier one with only the wealthy being able to secure a fair trial. | |
| "Chris Grayling needs to go much further and listen properly to experts and campaigners. Instead he has pushed ahead regardless with his botched proposals. I fear these plans are still unworkable and would lead to miscarriages of justice. | |
| "We will study in detail the new consultation the government is expected to launch tomorrow." |