What will 'New Politics' mean for Access to Justice

One recurring theme from the new Independent Group of MPs is that our politics is broken. Their Twitter hashtag is #ChangePolitics. 

One of the most popular hashtags used by lawyers over the last year has been #thelawisbroken, largely due to the brilliant @secretbarrister. I have often talked about the access to justice waste land.

This new grouping could of course fizzle out. But it includes some very strong politicians. One recent poll had them at 18% even though they are not yet a party.

https://www.politicshome.com/news/uk/political-parties/labour-party/jeremy-corbyn/news/102107/labour-slump-13-points-behind

So, it is worth asking the question. What would their version of a changed politics do for access to justice? What difference, if any, would the new group make. I just had a look at their website. To be fair it is quite light on detail at this stage. The statement of values is silent on the matter apart from –

‘Our free media, the rule of law, and our open, tolerant and respectful democratic society should be cherished and renewed.’

https://www.theindependent.group/statement

The rule of law gets a mention and is something that is not only to be cherished but also renewed – we all agree this is needed! If they wish this statement to be taken seriously, they should firmly commit to restoring unfettered access to justice for all. There is little point in having an effective rule of law if those most in need of it are excluded. In their momentous judgment when they set aside the iniquitous fees payable in order to bring an employment tribunal claim the Supreme Court said in 2017 –

‘Courts exist in order to ensure that the laws made by Parliament, and the common law created by the courts themselves, are applied and enforced. That role includes ensuring that the executive branch of government carries out its functions in accordance with the law. In order for the courts to perform that role, people must in principle have unimpeded access to them. Without such access, laws are liable to become a dead letter, the work done by Parliament may be rendered nugatory, and the democratic election of Members of Parliament may become a meaningless charade’ Lord Reed

If we are going to cherish the rule of law we must ensure that this goes hand in hand ‘unimpeded access’.

I would encourage the new group to take this message on board and commit to doing something that really will change politics and make a real difference to the lives of many.