Why Ken Clarke's Justice Bill is fatally flawed

Yesterday's bill will increase crime, cost taxpayers more and block access to civil justice.

The right to legal representation is a fundamental principal of a civilised society, and is a cornerstone of the British legal system. That right is now at risk of being critically undermined, thanks to yesterday's planned cuts of £350m to Legal Aid.

In plain language, what Ken Clarke's Sentencing and Legal Aid Bill means is this: ordinary people - including society's most vulnerable - will be denied their right to legal representation unless they are rich enough to afford it. This is a devastating blow and has manifold implications for all parts of society. Among its victims are women suffering at the hands of abusive partners and millions of patients who each year undergo a bungled operation - both of which had in the past been able to count on legal aid to bring them justice through the courts.

Ill-conceived, socially-shortsighted and profoundly unjust, the government's proposed reforms contain three major flaws that will:

1. Lead to more crime: According to the government's own Impact Assessment, the bill could lead to "increased criminality and damage social cohesion", with 725,000 fewer cases able to pursue justice through the courts

2. Cost taxpayers more than it saves: In knock-on effects for society, the reforms will cost the taxpayer far more than the £350 million the Government claims to be saving. The Citizens Advice Bureau calculates that for every pound spent on social welfare law, up to nine pounds is saved in resolving disputes that could otherwise escalate

3. Block access to justice for all: By taking vast tracts of welfare law out of scope of legal aid, including clinical negligence and family law, these cuts will block access to civil rights for those in greatest need of it

In response, the Law Society has launched "Sound Off For Justice", a campaign to make a big noise for all those that will be silenced in court if the Government's proposals go ahead.

And that could include you. Imagine you are arrested and taken to the police station. You might be entirely innocent and before yesterday you would have been automatically entitled to free advice from a solicitor, which is paid for via the legal aid budget. But no longer: under the new proposals (a sneaky new Clause 12) only those who pass a "means" and "merits" test will be entitled to free assistance. This "credit-rating" approach to justice ignores the simple fact that justice should be free for all.

In this era of austerity, savings need to be made. The Law Society has itself proposed alternative savings of £384m, 10 per cent more than the government. But our proposals would still guarantee access to justice for society's most vulnerable, in cases affecting, victims of abuse, the elderly, homeless and disabled.

Linda Lee is president of the Law Society. Visit soundoffforjustice.org for more information.

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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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