Select committee: Justice Committee
Recommendation 6
3rd Report - The Future of Legal Aid
Published 27 Jul 2021
Paragraph 37
Addressed to Ministry of Justice
Justice Committee The Future of Legal Aid All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and while a significant gap is to be expected, we agree with Criminal Bar Association’s interim submission to the Independent Review of Criminal Legal Aid that there needs to be a connection between the two. Further, in assessing the fees paid to advocates, it is important to remember that the total fees do not translate directly to earnings, as barristers have to pay considerable overheads, expenses and chambers fees out of the gross fee. The Government should take this into account when considering how to reform the criminal legal aid system.
From: Justice Committee, 3rd Report - The Future of Legal Aid (HC 70), paragraph 37, 27 July 2021
Government response
The government responded to the whole report on 16 November 2021 (deadline 27 September 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government responds mainly by pointing to ongoing reviews and pilots, in particular the Criminal Legal Aid Independent Review, and does not set out firm decisions on most recommendations.
- On criminal legal aid fees and sustainability, it says it "will address this issue" in its response to Sir Christopher Bellamy's review, and has "committed to responding to the Review's final report before the end of 2021".
- On the means test, it says it intends to publish the Means Test Review "alongside a public consultation shortly", and will address the report's related points following that consultation.
- On civil legal aid, it is "already considering" sustainability internally and is developing an early legal advice pilot in social welfare law, with further details to be announced "in due course".
- On judicial directions for Exceptional Case Funding, it says the Legal Aid Agency takes decisions "completely free from outside influence" and it does "not believe that this position should change".