Select committee: Justice Committee
7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
HC 520
Published 3 August 2020
Justice Committee Coronavirus (COVID-19): The impact on prison, probation and court systems Report on parliament.uk ↗
At a glance7 recommendations and 9 conclusions · Government response published 19 October 2020 (deadline 3 October 2020)
The government's response
Summary written by Accountability Index from the government's response. It is not the government's own words.
The government welcomes the Committee's report and responds to its recommendations by setting out the support and measures already in place, with further work and evaluation planned.
- On remote hearings, it says there "will be a further evaluation" of their use during the pandemic, with findings "planned to be available in early 2021".
- On the Law Society's proposals for monthly payments, it says it has "carefully considered" them but that using the Standard Monthly Payment as contractual relief would give "an inconsistent application of support". It will "consider appropriate means of support as necessary".
- On the Self-Employed Income Support Scheme, it states that requiring a 2018-19 tax return was "a difficult decision" taken "for practical reasons, to minimise the opportunity for fraudulent activity". Legal firms not eligible for business rates relief have "benefitted from the wider business and employment support package".
- On law centres, it says "We agree with the Committee" that not-for-profit providers play a vital role, and points to £5.4m in emergency grant funding secured for them.
What the committee recommended 16
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Sources
- 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales ↗The committee's report, HC 520, parliament.uk
- 5th Special Report - Coronavirus (Covid 19): The impact on the legal professions in England and Wales: Government Response to the Committee’s Seventh Report ↗The government's response, 19 October 2020, parliament.uk
Recommendations and conclusions 16
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1
Legal professionals have adapted impressively quickly to working from home and holding and attending hearings... Conclusion (the committee's words)Legal professionals have adapted impressively quickly to working from home and holding and attending hearings remotely, but this can be difficult. Lord Burnett of Maldon, the Lord Chief Justice, told us that “the quality of the kit matters a great deal. If you are doing this sort of encounter with a laptop, you are hunched over it, you are cramped and you do not have room for paper. If you are doing a full video hearing, you need two screens: one you can put papers on and the other so you can see people.”
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2
There have been positive developments in providing online solutions to providing court services, but pending... Recommendation (the committee's words)There have been positive developments in providing online solutions to providing court services, but pending full roll out of HMCTS’s cloud video platform, we recommend that the Ministry of Justice sets out the steps it is taking to ensure that lay parties to hearings have access to the technology they need so that they can communicate well, and confidentially, with their lawyers. We also recommend that the Ministry of Justice reviews how well remote hearings have worked for all participants in all jurisdictions before rolling them out further.
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3
Publicly funded legal services providers were already under stress before coronavirus. Conclusion (the committee's words)Publicly funded legal services providers were already under stress before coronavirus.
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4
It is important that the legal professions properly represent the society they serve, not least... Recommendation (the committee's words)It is important that the legal professions properly represent the society they serve, not least because they form a large part of the pool from which the Judiciary is drawn. The MOJ should set out what it will do to make sure that coronavirus restrictions on the justice system do not disproportionately affect the incomes of Black, Asian and minority ethnic or state-educated legal professionals, nor reduce their ability or desire to enter and work in the courts and tribunals system.
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5
Newly qualified barristers face particular pressure. Conclusion (the committee's words)Newly qualified barristers face particular pressure.
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6
Small high street firms are particularly at risk from the effects of coronavirus restrictions. Conclusion (the committee's words)Small high street firms are particularly at risk from the effects of coronavirus restrictions.
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7
Law centres and other not-for-profit legal advice providers are also at great risk. Conclusion (the committee's words)Law centres and other not-for-profit legal advice providers are also at great risk.
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8
The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using... Conclusion (the committee's words)The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using it to reduce staff costs. We heard that the loan schemes were less helpful, particularly for small high street firms.
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9
The Legal Aid Agency has made changes to help the legal professions. Conclusion (the committee's words)The Legal Aid Agency has made changes to help the legal professions. For example, it has made it easier to claim interim and hardship payments, aligned some fees for remote work with those for in-person work, and halted pursuit of outstanding debts owed to the Legal Aid Agency. Amanda Pinto told us “I am happy to say that the CPS and the Legal Aid Agency have done sterling work in reducing the backlog in paying their fees.”
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10
The support provided by the Government is welcome, but it cannot compensate for the significant... Conclusion (the committee's words)The support provided by the Government is welcome, but it cannot compensate for the significant drop-off in the amount of work being done and remove the risk of a collapse in legal services providers.
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11
It is important that the legal professions are in good shape to deal with the... Conclusion (the committee's words)It is important that the legal professions are in good shape to deal with the increase in demand for legal advice and representation that is on the horizon.
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12
We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative... Recommendation (the committee's words)We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative evidence (other than tax returns) for bringing new barristers and returning practitioners within the remit of the Self-Employed Income Support Scheme and that it report back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision.
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13
We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment... Recommendation (the committee's words)We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment and repayment of monthly payments (to solicitors firms and not-for-profit providers) and that the Ministry of Justice reports back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision.
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14
We recommend that the Ministry of Justice considers further grants for law centres and other... Recommendation (the committee's words)We recommend that the Ministry of Justice considers further grants for law centres and other not-for-profit legal services providers that are at risk of collapse. The Ministry of Justice should report back to us with its decision and provide its reasons if it decides not to provide such grants, and state what provision it will make for users of the centres that cease operations.
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15
On 23 June, we asked Robert Buckland about business rates relief, and he suggested that... Recommendation (the committee's words)On 23 June, we asked Robert Buckland about business rates relief, and he suggested that his requests to the Treasury were unlikely to be fulfilled but that he was looking for other imaginative solutions. The Ministry of Justice should consider how it can help those self-employed practitioners whose profits are just above the £50,000 threshold and how it can help legal services providers with their business rates, and, if it decides to do neither, should provide us with its reasons for those decisions.
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16
We urge the Ministry of Justice and the Legal Aid Agency to continue to be... Recommendation (the committee's words)We urge the Ministry of Justice and the Legal Aid Agency to continue to be creative as to how legal aid is administered so that the legal professions are not further damaged by inflexible processes and contractual requirements on top of the problems arising directly from the coronavirus crisis.