So we are
now just over three weeks away from the General Election.
All of us
who are concerned with the erosion of access to justice under coalition have
been counting the days for the last five years. So what have the parties been
saying about it and what changes, if any, would a change of government bring?
A Conservative government has promised further
and deeper cuts to public services so we can rule out any hope of any return to
legal aid or reversal of the cuts which have taken place. Indeed, Justice Minister, Chris Grayling has shown nothing short of
contempt for the rights of ordinary people. The most recent example of this has
been the shocking increases in court fees by up to 600% in some cases. We also
saw the introduction of fees in Employment Tribunals which has led to a
shameful reduction of 80% in the number of claims. At least with the tories we know where we are and we know where we are going!
But what
about the opposition? Labour has published a document which talks about ‘safer
communities’. However, whilst policing and domestic violence are very important
topics, the report is silent on more fundamental justice issues. It is
available here –
Labour
has now said that the Tribunal Fees would be abolished which is big step in the
right direction.
The only
party, as far as I can see that has committed to a re-instatement of legal aid
is the Green Party. Their Policy Statement of Responsibility and Rights includes
the following –
‘Access to justice should not depend on a person's financial
situation. Where a person would not otherwise be able to access it, the state
should, through a comprehensive system of legal aid, enable access to
appropriate legal advice and/or representation.’
In fairness
you do have to go searching for it. But it is a clear statement of intent. Now
we all know that the Green Party will not form the next government. But it
seems likely that nobody will win a clear majority on 7th May so
minor parties could well have some influence. But whether this particular
commitment would carry weight remains to be seen.
The overall
picture is one of disappointing silence. There do not seem to be many votes in
access to justice.
But there
has been one hopeful sign from Labour today. Their candidate for the safe seat
of Holborn and St Pancras is none other than Sir Keir Starmer QC, the former
Director of Public Prosecutions and well know barrister. In an interview with
the Independent he says that access to justice is in crisis. He calls for a
full review and says that access to justice – ‘must be a yardstick
against which we measure success’.
At this
stage he is only a candidate. But he is very likely to win. Such is his profile
and status that he is unlikely to remain on the back benches for any length of
time. He will inevitably have a significant on justice policy going forwards.
It may be
clutching at straws, but this could be the most significant development to date.
I will continue to watch this rather large space!
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