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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Byron burgers and bacon sandwiches: can any politician get away with eating on camera?

Memo to aspirant world leaders: eating in public is a political minefield.

Miliband’s sandwich. Cameron’s hot dog. Osborne’s burger. The other Miliband’s banana. As well as excellent names for up-and-coming indie bands, these are just a few examples of now infamous food faux pas committed by British politicians.

During his entire mayoral campaign, Sadiq Khan refused to eat anything in public. When journalist Simon Hattenstone met him in his local curry house for the Guardian, the now-mayor didn’t eat a single bite despite “dish after dish” arriving at the table. Who can blame him? Though Ed Miliband had been pictured blunderingly eating a bacon sandwich an entire year earlier, the national furore around the incident had not yet died down. “He can make me look Clooneyesque or make me look like Ed eating a bacon sandwich,” Khan said of the photographer at the time.

Miliband’s bacon sandwich is now so infamous that I need offer no explanation for the event other than those words. There is an entire Wikipedia page dedicated to the photograph of Ed, lips curled and eyes rolling, as he tucks into that fateful sarnie. Yet politicians frequently bite off more than they can chew – why did Ed’s mishap inspire multiple headlines and an entire front page of The Sun?

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“The momentum got behind the bacon sandwich story because he was awkward, it showed him in a light which was true - he was an awkward candidate in that election,” says Paul Baines, a professor of political marketing at Cranfield University. “He didn’t come across right.”

The photograph of Miliband fit neatly within a pre-existing image of the politician – that he was bumbling, incompetent, and unable to take control. Similarly, when David Cameron was pictured eating a hot dog with a knife and fork months later, the story reinforced popular notions of him as a posh, out-of-touch, champagne-swilling old Etonian. Though Oxford-educated, two-kitchen Miliband is nearly as privileged as Cameron, and Brexit-inducing Dave equally as incompetent as Ed, the pictures would not gain the same popularity in reverse. There are many, many less-than-flattering pictures of Cameron eating, but they didn’t fit into a workable narrative.

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No one, for example, focused on the price of Ed’s sandwich. Purchased at New Covenant Garden Market, it was undoubtedly more expensive than Greggs’ £1.75 bacon roll – but no one cared. When George Osborne was pictured eating an £8 Byron burger whilst cutting £11.5 million from the British budget, however, the picture spoke to many. The then-chancellor was forced to explain that “McDonalds doesn't deliver”, although, as it turned out, Byron didn’t either.

“The idea was to try and display him in a good light – here's a guy eating a burger just like everyone else. The only problem was it was a posh burger and of course he didn't look like everyone else because he was spending ten quid on a burger,” explains Baines.

But Dave, Ed, and George are just the latest in a long, long line of politicians who have been mocked for their eating habits. Across the ocean, Donald Trump has been lambasted for liking his steak well done, while in 1976, Gerald Ford was mocked after biting into the inedible corn husk of a tamale. Why then, do politicians not copy Khan, and avoid being pictured around food altogether?

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“Food connects everybody, food is essentially a connection to culture and the 'every person',” explains Baines. “[Nigel] Farage's appearance in the pub has definitely had a positive impact on how he's perceived by a big chunk of the working class electorate which is an important, sizeable group.” Though Cameron, too, has been pictured with pints, his undeniably weird grasp on the glass make the pictures seem inauthentic, compared to Farage whose pints are clearly at home in his hands. In America, Joe Biden managed to capture the same authenticity with an ice-cream cone.

“I think when it comes across badly is when it comes across as inauthentic,” says Baines. “If I were advising, I certainly wouldn't advise Theresa May to be seen in the pub having a pint, that would not shine with her particular character or style. But could Tim Farron come across better in that way? Possibly but it does have to be authentic.”

Food, then, can instantly make a politician seem in or out of touch. This is especially true when food connects to national identity. Tony Blair, for example, publicly claimed his favourite dish was fish and chips despite earlier saying it was fettuccine with olive oil, sundried tomatoes and capers. In the 1980s, Lord Mandelson allegedly mistook mushy peas for guacamole, insulting us all. In the States, you’d be hard pressed to find a politician who hasn’t been pictured with a hot dog, and there are entire articles dedicated to US politicians who eat pizza with a knife and fork. Again, the food fits a narrative – politicians out of touch with the common person.  

Then again, sometimes, just sometimes, no narrative is needed. We’d advise any candidate who seriously wants a shot in the 2017 General Election to not, under any circumstances, be pictured casually feeding a Solero to an unidentified young woman. 

Amelia Tait is a technology and digital culture writer at the New Statesman.

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