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Luke Robins-Grace weighs up what justice should be worth at election time
Justice is not a commodity but as the saying goes: you get what you pay for, and most people would agree that the price recent governments have been prepared to pay for our system of justice does not reflect its value to society.
So the Bar Council’s message to politicians during the 2017 General Election campaign is that if we want a justice system that works for everyone, we cannot wait for an upturn in the economy before taking the necessary steps. Published in early May, and aptly named The Value of Justice, the Bar Council’s manifesto has reached politicians on all sides of both Houses. It explains concisely what is needed from the next elected government and why.
Central to the manifesto is the proposition that our justice system is founded on six core values. They are: judicial independence, legal excellence, stewardship, innovation, humanity and an open market for legal services. The manifesto asserts that these values are under threat and that the next government must commit to restoring them by taking the following steps:
Whichever party takes power, the Bar Council will work with ministers, parliamentarians and the media to encourage the new government to take these steps. Even if, after the election, the political direction of travel seems to face away from what the profession believes is in the public interest, the Bar Council will continue to influence the development of policy and define the standard of excellence that our justice system should meet. This is in the public interest and in the interests of the profession.
At a practical level, the Bar cannot properly fulfil its function when courts are crumbling, the judiciary is demoralised, and hard-working people cannot access basic legal advice and representation or challenge unlawful decision-making by authorities. These are all problems which could – and should – be addressed by the new government.
Those priced out of justice when court fees are increased and legal aid is removed do not constitute a natural political constituency or movement. Nor do they live in one part of the country or belong to a single party or class. So in times of austerity and constitutional change it is tempting for politicians to put justice at the bottom of the pile of priorities. It is right that the Bar should seek to protect the right of the poor and the vulnerable to have access to justice.
A review of the past few years also reminds us that promoting the values on which our justice system is based can have a positive impact on the development of policy and legislation.
Pressure from the Bar, other legal professional bodies, charities and public interest organisations has encouraged previous governments to reconsider their positions on the criminal courts charge, cuts to the advocates graduated fee scheme, two tier contracting arrangements, and further increases to enhanced court fees. Interventions by the Bar have also brought about amendments to the Investigatory Powers Bill which moderated plans to diminish the client’s right to legal professional privilege, as well as amendments to the Criminal Courts and Justice Bill to moderate plans to restrict challenges to unlawful decision-making by public authorities. In the event that a Prisons and Courts Bill is re-introduced by the new government, the Bar Council will continue to seek improvements to ensure that the fairness of trials is not jeopardised, that hearings continue to be held in court in appropriate cases and that the introduction of online justice is monitored carefully and properly evaluated.
Even where the policy environment appears to have undergone far-reaching change, such as with LASPO and access to justice, the profession is well placed to continue to make the case for what it believes to be in the public interest.
Contributor Luke Robins-Grace, Senior Communications and Public Affairs Adviser at the Bar Council
Luke is the Senior Communications and Public Affairs Adviser at the Bar Council and has worked across a range of campaigns and issues including legal professional privilege, access to justice, public legal education and promotion of legal services.
So the Bar Council’s message to politicians during the 2017 General Election campaign is that if we want a justice system that works for everyone, we cannot wait for an upturn in the economy before taking the necessary steps. Published in early May, and aptly named The Value of Justice, the Bar Council’s manifesto has reached politicians on all sides of both Houses. It explains concisely what is needed from the next elected government and why.
Central to the manifesto is the proposition that our justice system is founded on six core values. They are: judicial independence, legal excellence, stewardship, innovation, humanity and an open market for legal services. The manifesto asserts that these values are under threat and that the next government must commit to restoring them by taking the following steps:
Whichever party takes power, the Bar Council will work with ministers, parliamentarians and the media to encourage the new government to take these steps. Even if, after the election, the political direction of travel seems to face away from what the profession believes is in the public interest, the Bar Council will continue to influence the development of policy and define the standard of excellence that our justice system should meet. This is in the public interest and in the interests of the profession.
At a practical level, the Bar cannot properly fulfil its function when courts are crumbling, the judiciary is demoralised, and hard-working people cannot access basic legal advice and representation or challenge unlawful decision-making by authorities. These are all problems which could – and should – be addressed by the new government.
Those priced out of justice when court fees are increased and legal aid is removed do not constitute a natural political constituency or movement. Nor do they live in one part of the country or belong to a single party or class. So in times of austerity and constitutional change it is tempting for politicians to put justice at the bottom of the pile of priorities. It is right that the Bar should seek to protect the right of the poor and the vulnerable to have access to justice.
A review of the past few years also reminds us that promoting the values on which our justice system is based can have a positive impact on the development of policy and legislation.
Pressure from the Bar, other legal professional bodies, charities and public interest organisations has encouraged previous governments to reconsider their positions on the criminal courts charge, cuts to the advocates graduated fee scheme, two tier contracting arrangements, and further increases to enhanced court fees. Interventions by the Bar have also brought about amendments to the Investigatory Powers Bill which moderated plans to diminish the client’s right to legal professional privilege, as well as amendments to the Criminal Courts and Justice Bill to moderate plans to restrict challenges to unlawful decision-making by public authorities. In the event that a Prisons and Courts Bill is re-introduced by the new government, the Bar Council will continue to seek improvements to ensure that the fairness of trials is not jeopardised, that hearings continue to be held in court in appropriate cases and that the introduction of online justice is monitored carefully and properly evaluated.
Even where the policy environment appears to have undergone far-reaching change, such as with LASPO and access to justice, the profession is well placed to continue to make the case for what it believes to be in the public interest.
Contributor Luke Robins-Grace, Senior Communications and Public Affairs Adviser at the Bar Council
Luke Robins-Grace weighs up what justice should be worth at election time
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