No justice for legal aid as Grayling ignores thousands of consultation responses

Blind Justice: In Tory-led Britain, it's also deaf. And ignorant. In fact, can it really be described as 'justice' at all?

Blind Justice: In Tory-led Britain, it’s also deaf. And ignorant. In fact, can it really be described as ‘justice’ at all?

A story has appeared on the BBC News website, stating that elite barristers have joined the chorus of opposition to the government’s plan to cut legal aid for criminal cases by almost a quarter.

It states that the Treasury Counsel, a group appointed by the Attorney General to prosecute the most serious crimes, has followed the lead of the Bar Council and the Law Society in saying the plan to cut £220 million from the annual £1 billion legal aid budget is unsustainable.

This is accurate, but fails to address the most damning indictment against Chris Grayling and the Ministry of Justice in this matter.

According to the Treasury Counsel’s written response: “HM Government has indicated that it rejects or can ignore much of the content of the thousands of Consultation Responses, …particularly as to the future effect on the supply and quality of criminal advocacy services from the proposed changes to legal aid funding.”

It continues: “Criminal legal aid remuneration is identified as an appropriate target for ‘reduction’: this is based on a ‘belief’. The belief is that ‘further efficiency and cost savings in criminal legal aid remuneration” are both possible and sustainable’.”

This means that Chris Grayling and his cronies have decided to ignore evidence-based opposition to their plans because of an unfounded, unquantifiable “belief” that cutting funding will not affect the quality of the legal advice available in criminal cases.

If this matter were itself a court case, it could be settled with a simple question: When has this ever been proved in the past?

Can you think of any time when cutting budgets has not harmed a service – or actually improved it? Of course not.

The response – written by people who are appointed by the Coalition Government’s own Attorney General, let’s not forget, and who may therefore be taken as broadly sympathetic to its aims, continues: “The Minister of State said, ‘This is a comprehensive package of reform, based on extensive consultation. I believe it  offers value for the taxpayer, stability for the professions, and access to justice for all’… yet the Impact Assessment attached to the new Paper simply makes no attempt to evaluate or monetise the behavioural changes that will most certainly result from its proposals.

The entirely obvious and predictable outcomes are lost quality and reduced supply. These are airbrushed in the Impact Assessment by repeated “steady state” assumptions. The behavioural changes are not then, uncertain. Neither will any steady state remain. They are, though, unpalatable; they will not improve the public interest.

“In a telling acknowledgment of this, the Ministry in its new consultation paper wholly abdicates its responsibility for this assessment by first making neutral assumptions and then asking the consultees what the impact will be. The Minister of State has lifted his telescope to his bad eye.

The assessment of the Treasury Counsel is that cumulative changes since 1997, and a real terms cut of nearly half since 2007, mean Grayling’s proposals “will do significant harm to the operation of the criminal justice system… In particular, they will have both an adverse and disproportionate effect on the supply of such services by the acknowledged experts – the criminal Bar”.

Not only that, but the response says the cuts could be achieved in less harmful ways, such as “the proper working through of existing changes. Or, for example, in the proper letting and administration of government contracts for CJS services; court interpreters, custodians and other activities are telling examples of incompetent administration and wasting money – and these on services ancillary to the main process, that are provided by trading companies rather than professionally regulated people.”

In other words, allowing the market into the Criminal Justice Service (that’s the ‘CJS’ in the quotation) has lowered its quality and increased its cost.

The bottom line: “We consider that the proposed reductions, in whichever iteration, are unnecessary, have an effect much larger than claimed and will produce unsustainable results.” In terms of quality of service, it seems that it is the government’s proposals that are unaffordable.

The Attorney General himself, Dominic Grieve, indicated his own lack of enthusiasm for the proposals in a letter to the Bar Council in June. This accepted that opposition to the proposals cannot be explained away by self-interest, acknowledging that there is serious and principled opposition to the proposals which cannot be attributed to mere selfishness.

“Many… took the view that these proposals would cause the edifice to collapse,” he wrote, adding that he would continue to draw Grayling’s attention to the concerns that had been expressed to him.

It seems, considering the latest developments, that the Ministry of Justice not only has a bad eye but also a deaf ear.

What a shame its members are not speechless as well. For the sake of balance, here’s what a Ministry spokesperson had to say: “At around £2 billion a year we have one of the most expensive legal aid systems in the world and even after our changes would still have one of the most generous. We agree legal aid is a vital part of our justice system and that’s why we have to find efficiencies to ensure it remains sustainable and available to those most in need of a lawyer.

“We have engaged constructively and consistently with lawyers – including revising our proposals in response to their comments – and to allege we have not is re-writing history.”

Is it constructive for a government department to ignore evidence that it has specifically requested?

Is it consistent to run a consultation process, and then throw away the results because they don’t agree with ministers’ “belief”?

Of course not.

Grayling’s plans are ideologically-based and entirely unsupportable and should be laughed out of court.


  1. Kurt Adkins November 2, 2013 at 12:55 pm - Reply

    Why would they want alleged criminals to have a defence when for-profit prisons are the new big thing (after having shown, in the US, to be a big money spinner and an efficient way of transferring public funds into private corporations’ coffers)?

    • Big Bill November 2, 2013 at 2:02 pm - Reply

      Precisely. that’s the end game here, create an underclass which can’t defend itself to populate Grayling’s superprisons. Once there they’ll form a cheap workforce and Grayling will no doubt be in for a large slice of the generated profits. At least, I imagine that’s the theory. The problem with it is with many potential purchasers in prison or near to destitute, demand won’t be there. Neoliberals don’t seem to understand demand.

  2. moomingirl73 November 2, 2013 at 12:59 pm - Reply

    Just another move to keep us serfs in our place, purposefully ignoring the facts to satisfy their own agenda of allowing the ‘rich/powerful/companies/politicans’ to do whatever they want to satisfy their own greed or personal agenda, this is of course part of ‘the race to the bottom’. Another example of utopian capitalism/democray for the rich and dystopian capitalism/quasi ‘communism’ the rest.

  3. […] A story has appeared on the BBC News website, stating that elite barristers have joined the chorus of opposition to the government's plan to cut legal aid for criminal cases by almost a quarter. It…  […]

  4. thepositivevoice November 2, 2013 at 1:17 pm - Reply

    Reblogged this on thepositivevoice.

  5. Joe Smith November 2, 2013 at 1:45 pm - Reply

    Just add grayling to the peoples hit list. We will get their money pensions houses cars valuables and strip them bare, of course being much more human than they are. They get a council flat ( at a market rent) paid for job seekers training course. Nil benefits because of their previous crimes against humanity. OH. I forgot, forced to eat our S..t daily.

  6. Paul Smyth November 2, 2013 at 2:18 pm - Reply

    Reblogged this on The Greater Fool.

  7. Editor November 2, 2013 at 2:23 pm - Reply

    Reblogged this on kickingthecat.

  8. jaypot2012 November 2, 2013 at 2:59 pm - Reply

    This government are acting more and more like a cult! We have the ministers doing an IDS by “believing” what they say it so, and what they do is of no business of anyone except themselves. Even the tory MP’s are confused as to what is going on and are against so many of the policies that they are having trouble remembering them all. I know I am and I’m just a member of the public that pays the wages of this entire shambles!
    If only Clegg could get riled enough to split the coalition so that an early election had to be called, you would definitely see most of these tory MP’s blast into oblivion!

  9. Thomas M November 3, 2013 at 1:42 am - Reply

    Either genuine criminals will escape justice, innocent people will get thrown into our overcrowded prisons, or both.

  10. […] Blind Justice: In Tory-led Britain, it’s also deaf. And ignorant. In fact, can it really be described as ‘justice’ at all?  […]

  11. Jeffrey Davies November 3, 2013 at 11:30 am - Reply

    I wonder still those who have monies get legal aid to fight their cause while us plebs must leave the shitt on the wall yes its now a land of two laws one for them nothing for us jeff3

  12. Bendybody November 8, 2013 at 6:06 pm - Reply

    “Is it consistent to run a consultation process, and then throw away the results because they don’t agree with ministers’ “belief”?”

    It is consistent in a round about way, that’s exactly what they did with PIP and how many other bills they have rushed through at break neck speed.

    IDS & Grayling obviously have the same “belief” system

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