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.
Photo: Getty Images
Show Hide image

The buck doesn't stop with Grant Shapps - and probably shouldn't stop with Lord Feldman, either

The question of "who knew what, and when?" shouldn't stop with the Conservative peer.

If Grant Shapps’ enforced resignation as a minister was intended to draw a line under the Mark Clarke affair, it has had the reverse effect. Attention is now shifting to Lord Feldman, who was joint chair during Shapps’  tenure at the top of CCHQ.  It is not just the allegations of sexual harrassment, bullying, and extortion against Mark Clarke, but the question of who knew what, and when.

Although Shapps’ resignation letter says that “the buck” stops with him, his allies are privately furious at his de facto sacking, and they are pointing the finger at Feldman. They point out that not only was Feldman the senior partner on paper, but when the rewards for the unexpected election victory were handed out, it was Feldman who was held up as the key man, while Shapps was given what they see as a relatively lowly position in the Department for International Development.  Yet Feldman is still in post while Shapps was effectively forced out by David Cameron. Once again, says one, “the PM’s mates are protected, the rest of us shafted”.

As Simon Walters reports in this morning’s Mail on Sunday, the focus is turning onto Feldman, while Paul Goodman, the editor of the influential grassroots website ConservativeHome has piled further pressure on the peer by calling for him to go.

But even Feldman’s resignation is unlikely to be the end of the matter. Although the scope of the allegations against Clarke were unknown to many, questions about his behaviour were widespread, and fears about the conduct of elections in the party’s youth wing are also longstanding. Shortly after the 2010 election, Conservative student activists told me they’d cheered when Sadiq Khan defeated Clarke in Tooting, while a group of Conservative staffers were said to be part of the “Six per cent club” – they wanted a swing big enough for a Tory majority, but too small for Clarke to win his seat. The viciousness of Conservative Future’s internal elections is sufficiently well-known, meanwhile, to be a repeated refrain among defenders of the notoriously opaque democratic process in Labour Students, with supporters of a one member one vote system asked if they would risk elections as vicious as those in their Tory equivalent.

Just as it seems unlikely that Feldman remained ignorant of allegations against Clarke if Shapps knew, it feels untenable to argue that Clarke’s defeat could be cheered by both student Conservatives and Tory staffers and the unpleasantness of the party’s internal election sufficiently well-known by its opponents, without coming across the desk of Conservative politicians above even the chair of CCHQ’s paygrade.

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.