In the future our police, lawyers and jails will be run by G4S

Barrister Russell Fraser explains the reality of cuts to legal aid.

"The degree of civilisation in a society is revealed by the way it treats its prisoners” is a quote for which history claims many authors. Dostoyevsky, Churchill and Pope John Paul II have each been paired with it perhaps saying something of the power contained in the idea. Regardless, it is not a sentiment shared by our current Lord Chancellor – the first non-lawyer in the post since 1672 – Chris Grayling, who on 8 April announced a new package of cuts to legal aid.

Grayling does not believe prisoners should have access to free legal advice concerning matters such as treatment, sentencing, disciplinary action and parole board reviews. Instead, he tells us, the prisoner can raise a complaint through an internal procedure. Never mind that many prisoners will be burdened with much of the health, educational and social problems associated with criminality which will make it quite impossible for them to put their own case effectively. How prisoners are treated is fundamental to their prison existence and to restrict their ability to ensure that treatment is lawful begins to look like a form of punishment in itself.

In criminal legal aid, the consultation forwards plans for a model of price competitive tendering. Bids will be invited below a fixed ceiling for batches of work around the country. It is a system in which only warehouse law firms will exist and high street firms will either die or be absorbed by large corporations intent on delivering legal services cheaply for maximum profit. The future will be one in which suspects are apprehended by G4S investigators, transported by G4S security, detained by G4S officers and imprisoned in G4S jails – at each stage represented by G4S lawyers.

With price competition will come the removal of the right to the solicitor of your choice. Representation will be allocated by rota and it will be made difficult to change solicitor should you wish to for any reason. The idea that quality can survive the casual vandalism of these proposals is absurd. The model of turbo price competition used in some US states tells us that.

Fees in criminal legal aid is a favourite target of justice secretaries and Grayling is no exception. Yet, there has been no increase in barristers’ fees since the 1990s. While a handful of criminal QCs do earn significant sums the rest of us do not. It may be that such fees should be discussed but not, as the justice secretary does, in a bid to undermine the entire system. As a trainee barrister I have a guaranteed income of £12,000 during my first year. We do not ask for sympathy, merely accuracy.

On the civil side the planned fee reductions mean many lawyers’ practices will simply no longer be viable. So those who specialise in housing, homelessness, actions against the police and judicial review – all crucial mechanisms for ensuring state accountability – will disappear. Their successors will be the warehouse G4S model or non-specialist charitable organisations staffed by well-intentioned but resource-poor lawyers. There will be no equality of arms in the courtroom.

As a result of previous reforms, from 1 April this year a raft of areas no longer attract free legal advice. Employment cases, non-asylum immigration cases, consumer rights and welfare benefits were all removed from scope. In the case of the latter it is estimated that 40% of challenges before the benefits tribunal succeed. Money would be saved by the Department of Work and Pensions making the correct decisions in the first place. There has been no opportunity to yet assess the impact of these changes but that has not deterred Grayling from unleashing a new round of cuts.

There is to be a residency test for those claiming civil legal aid. Applicants must be in the country lawfully to be able to apply and for those who are, an additional requirement of 12 months’ residence is imposed. This is the sort of divisive approach to immigration we have come to expect from the Conservative side of the coalition. Children of people here unlawfully will be left without the protection that would otherwise see them housed and looked after. Foreign students and people here on a temporary visas will be unable to challenge state wrongdoing.

If money is all that Chris Grayling understands then he should understand this: these proposals will cost more in terms of the miscarriages of justice, social harm, and disruption to the court service which will result, than the £200 million he seeks to save.

 

Russell Fraser is a pupil barrister and joint secretary of the Haldane Society of Socialist Lawyers. He has written this in a personal capacity.

Lord Chancellor Chris Grayling at the London Guildhall last year. Photo: Getty.
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Why Philip Green's fall should bring down the honours system – but won't

Sir Shifty may fall in disgrace, but our ridiculous system will endure. No matter what's happening in the rest of politics.

Sir Philip Green’s Efficiency Review (2010) is his Das Kapital and it is still, happily, online. You can, if you wish, smirk at his recommendations to the government, which were solicited by David Cameron, I imagine, because when he stood next to Green he looked not like a 17th-century woodcut but like a tall, handsome semi-aristocrat.

“There is no motivation to save money or to treat cash ‘as your own’,” Green grumbles, before complaining, “There are inconsistent commercial skills across departments.” I am weeping with laughter at the whole report. But I’m not one of those BHS employees watching their pension ­vanish as the hideous cushions, throws and bedspreads pile up on the Green family yacht Lionheart. I instantly rename the yacht 14-Day Return Policy No More.

The days when Green could write efficiency reviews for people to ignore are gone. It is said that he could lose his knighthood, because that would be exciting and pointless. If so, I hope the ceremony features the formal rending of a garment from the BHS sale bin – perhaps a torn sock will be flung at his head? The Queen will not be happy, because de-knighting makes the ancient system of patronage look as ridiculous as it really is. Do intercessors between man and God make mistakes? Would they raise a man the Daily Mail now calls “Sir Shifty”? (I checked whether there was a Sir Shifty among the knights of the Round Table who flogged the Holy Grail to a passing tinker. There was not.)

Lord Melbourne advised Queen Victoria not to attempt to make her husband, Albert, a king, for if the people knew that they could make kings, they might unmake them. Green will discover this in his tiny way. But the elites should not hide their baubles. One fallen knight will not destroy the system (and I cannot think that Green will take £571m from his Lionheart cushion budget to save his knighthood by replenishing the BHS pension fund, because a knighthood is, in essence, just a tiny Bentley Continental that you wear over your nipple). One fallen knight should destroy the system but it won’t, because human conceit and docility are without end. Green will be shunned. Nothing will change.

One might have hoped that the Brexit vote would have alerted Cameron to the abyss between the electorate and the elected. (Even Alastair Campbell, chomping against Brexit, seemed to forget that he was as complicit in the alienation of voters as anyone else: government by sofa, teeth and war.) The response was glib, even for Cameron, a man so glib that I sometimes think he is a reflection in a pond. Brexit hit him like someone caught in a mild shower without an umbrella. He hummed at the lesson that history dealt him; he hummed as he left his page. It was the hum of the alpha Etonian caught out in a mistake, yes, but it was still a bloody hum.

His next act was to increase pay-offs to favoured courtiers against civil service advice and at public expense; then, it was reported, he nominated his spin doctor Craig Oliver and his former spin doctor Gabby Bertin for peerages, because the upper house needs more PRs. He has learned nothing. I wish him a relaxed retirement in which he will, apparently, write his four-page memoir, David Cameron: My Struggle (sub-subtitle: Eton Mess?). I hope he does not attempt to deny “the prosciutto affair”, because there is no need. It was not true. It was too pure a metaphor.

So the honours system, an essential part of our alienating politics, alongside dodgy donors, duck houses and George Galloway, endures in its worst form as conventional politics fails. It is a donkey sanctuary for political friends and Bruce Forsyth. I am not suggesting that everyone who has been honoured is dreadful – some lollipop ladies deserve to be patronised with an OBE (when there is no E any more), I am sure, and the lords, some of whom are excellent, are the functional opposition now – but the system can no longer be defended by the mirth potential of watching politicians ponder what light-entertainment celebrities might swing a marginal before being posthumously accused of rape. We must find something better before the house burns down. Perhaps a robust parliamentary democracy?

The problem is best expressed by the existence of a specialist consultancy called Awards Intelligence, which engages in “VIP brand-building” by soliciting awards. It sells “awards plans” from £795, which I could well imagine Philip Green perusing as he bobs about aboard Lionheart, were it not too late. The Awards Intelligence website tells us so much, though obliviously, about the narcissism of modern politics that I am tempted to reproduce it in full. But I will merely report that it asks:

"Did you know that you can join the House of Lords on a part-time basis as an Independent Crossbench Peer or a political peer affiliated to one of the main politial parties – even if you have ongoing work, family or community commitments!"

The message from Awards Intelligence, which boasts of a 50 per cent success rate, is clear: the legislature is part-time, it exists to “instil trust, add credibility and provide a platform for you to have your say” – and it can’t always spell “political”.

Sir Shifty and Awards Intelligence do not constitute the worst crisis in the history of honours, dreadful though they are. During the First World War the royal German cousins were stripped of their garters, so that British soldiers would not have to kill men of higher rank. But it is time for the Queen to stop pinning toys on nipples. They are part of a political system sweeping us, swiftly, towards the night.

This article first appeared in the 28 July 2016 issue of the New Statesman, Summer Double Issue