"I genuinely believe access to justice is the
hallmark of a civilised society."
So said former
Justice Minister, Ken Clarke, in the run up to the devastating cuts to the
Legal Aid Scheme in 2013.
Nobody would disagree
with that statement. What is the point of having a civil justice system if
ordinary citizens are deprived of a means of accessing it?
I have mentioned
legal aid many times, and will continue to do so. But one thing that has added
insult to injury has been the huge hike in court fees and the introduction of
fees for Tribunals –
Following the
imposition of fees in Employment Tribunals there were reports of reductions of
up to 80% in the number of cases being brought –
If ever there was a
case of access to justice being limited to the wealthy then this is surely it.
The most recent
development is the plan to impose a massive increase in the fees payable to
immigration and asylum tribunals. Is there a more vulnerable group than those
who lives are at risk? Is there any other group less likely to be in a position
to afford them? This has led to 24 prominent lawyers writing an open letter to
the government expressing ‘serious concerns’ that this will put justice beyond
the reach of many. The increase in some cases is almost 600%
The lawyers explain that the cost will make justice prohibitive
to the vast majority of claimants –
‘It would cost £4,000 for a
family of five to appeal, clearly preventing the vast majority of immigrants
from challenging unlawful decisions. The proposals exempt those in receipt of
legal aid from paying; however, most immigration cases are out of scope for
legal aid, therefore only a small minority will benefit from this.’
They urge the government to hold
back from imposing the fees.
All of our attention in the last
few weeks has been on the euro referendum and its aftermath. We will soon have
a new Prime Minister.
I would add my voice to the
signatories to the letter and urge the new government to respect its duties to
protect rather than block access to justice for those most at risk.
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