Showing posts with label Sentencing and Punishment of Offenders Bill. Show all posts
Showing posts with label Sentencing and Punishment of Offenders Bill. Show all posts

Wednesday, 28 September 2011

Justice for All at the Labour party conference

Supporters of Justice for All (JfA) have been meeting MPs, lords and delegates at the Labour party conference this week, to build support for the campaign against the legal aid cuts. At a crowded fringe meeting yesterday, organised by the Law Society and JfA, shadow ministers Andy Slaughter and Lord Bach condemned the government's plans for legal aid and promised to continue the support for amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill.

LAG's director Steve Hynes spoke on behalf of JfA at the meeting. He stressed the need to 'pick our battles', singling out clinical negligence, the definition of domestic violence, social welfare law and the independence of the decision-making process as areas which should be fought hard at the report stage of the bill in the House of Commons and House of Lords. 'The network of firms and not for profit organisations across the country will be devastated if the bill is passed without amendment, leaving the public with nowhere to go to get advice locally.'

Lucy Scott-Moncrieff, vice president of the Law Society, began by emphasising the principle of the rule of law, which she said these reforms put at risk, undermining the central tenet that no-one is above or outside the law, and that rights must be enforceable to be valid. She defended the role of lawyers in the system, saying litigation should always be a last resort but that consulting a lawyer can be a very good first step. And she picked up particularly on the effect these reforms would have on children and on women who are victims of domestic violence, on those bringing cases under conditional fee arrangements (who would have to pay their legal costs out of the winnings under the reforms), and the dangers of making areas of advice such as community care only accessible via the telephone.

Lord Bach, the former legal aid minister who will lead Labour's opposition to the bill in the House of Lords, pledged: 'We will try to at least mitigate the worst effects of the bill' by supporting amendments in the Lords. Lord Bach condemned the proposals as 'practical and financial madness', which will cost more and leave people queuing at their MP's surgery with nowhere else to turn. He defended Labour's record on maintaining legal aid for social welfare law, and expressed his disappointment with the Liberal Democrats who he said 'have a proud record of supporting legal aid, sometimes holding us - correctly - to account as we changed the system in government' but who are now voting through the bill.

Andy Slaughter MP, the shadow legal aid minister, said the proposals were 'the most sustained attack on access to justice since legal aid began', and suggested the government's motivation was ideological as well as financial. He promised Labour's continued opposition to the measures, particularly around the cuts to social welfare law, and in answer to a question he promised that Labour would not be cutting social welfare law were they in power. He also drew particular attention to the proposed definition of domestic violence, citing a Liverpool law firm which estimates that only five of their current 278 clients who are victims of domestic violence would be eligible for legal aid under the new definition.

The feedback which JfA has had this week from members of the House of Lords has been positive over the chances of amending the bill. They believe that support from cross-benchers, who are politically independent, as well as Conservative and Liberal Democrat members of the House of Lords who are concerned about provisions in the bill, will be crucial in winning concessions from the government.

JfA will be attending the Conservative party conference next to meet politicians and delegates to build support for the campaign. A fringe meeting will be held next Tuesday afternoon (4 October) at 12.30 pm at the Radisson Edwardian Hotel, 38-40 Peter Street, Manchester.

Picture: LAG

Tuesday, 6 September 2011

Legal Aid Bill amendments



Legal aid for housing cases threatened



The committee scrutinising the Legal Aid, Sentencing and Punishment of Offenders Bill resumes its work today (Tuesday 6 September). A number of amendments have been put forward for consideration by members of the committee which includes the justice minister Jonathan Djanogly MP and his Labour opposition counterpart, Andrew Slaughter MP.


Amendments from the government, proposed by Jonathan Djanogly, include a number which alter the current provisions in Schedule 1 of the bill regarding housing law. The grounds on which a tenant can counterclaim in a housing repossession case are widened, but it is unclear if the common counterclaim of disrepair has been brought back into scope. LAG believes this is a glaring anomaly which needs to be addressed as without it irresponsible landlords in both the public and private sectors will have no incentive to keep properties in a good state of repair.


It is also not clear if the government’s proposed amendments reinstate the right of tenants to claim damages if they are illegally evicted by a landlord. Many tenants do not wish to return to the property which they have been illegally evicted from, due to the distress this has caused. As the proposals in the Legal Aid Bill now stand, tenants in this position would not be able to obtain legal aid to assist them in fighting their cases. LAG believes legal aid should be reinstated in illegal eviction cases as the right to claim damages discourages landlords from trying to force tenants out illegally.


Labour members of the bill committee are moving a number of amendments which reinstate cuts the government has proposed to the scope of the legal aid scheme. For example, Andrew Slaughter is moving an amendment which would reinstate legal aid in medical negligence cases. Kate Green MP, another Labour member of the committee, is proposing an amendment which would widen the definition of domestic violence. This is a move widely supported by women’s rights groups including Rights of Women and the Women’s Institute.


LAG argues that the definition adopted by the Association of Chief Police Officers should be included in the bill. This includes psychological, physical, sexual, financial or emotional abuse which takes place 'between adults ... who are or have been intimate partners or family members, regardless of gender and sexuality'. LAG understands that the government is resisting adopting this wider definition, but is likely to face sustained pressure to do so in the coming weeks.


Plaid Cymru's member of the committee, Elfyn Llwyd MP, has also given notice of a number of amendments. It is believed that he might play a pivotal role in persuading government members of the committee, which include the Liberal Democrat MP Tom Brake, to back amendments which are against the government’s line.


The bill committee will also meet on Thursday this week and next week, before breaking for three weeks for the party conferences. The government wants to move the Legal Aid Bill to its next stage in the House of Lords on 13 October, but will be hard pressed to do so, due to the number of amendments which organisations concerned with the provisions in the bill want to be considered.


Image: LAG