Stop the Legal Aid Cuts
Access to Justice for All
Defend the Public Justice System

In Manchester we have just had a very successful demonstration against cuts in legal aid and in defence of the (public) justice system. This was primarily PCS (representing the Ministry of Justice staff, who were on strike this afternoon, Monday 17th June 2013) and legal aid lawyers (various chambers of barristers in Greater Manchester) plus advice agencies (Greater Manchester Immigration Aid Unit, South Manchester Law Centre) and supportive campaigns such as Access to Advice.

The protest started at 1pm, when the PCS walked out of the courts, and were applauded by all present for specifically taking strike action. The protest went on till 2pm.

Unexpectedly in the middle we were joined by. . . . the PCS members in G4S. They were welcomed - rightly - as our fight is against G4S the organisation not against the individual workers in G4S. Their solidarity was impressive and it possibly left the “security” of the courts somewhat limited in the afternoon.

The protest was addressed by Mark George QC (Garden Court North Chambers), Denise McDowell (Greater Manchester Immigration Aid Unit) and David Vincent (Secretary, Ministry of Justice PCS Greater Manchester Branch) together with John Nicholson Immigration barrister at Kenworthys Chambers. All the speakers praised the unity of the campaigns - union, workers, lawyers, advice agencies, and people in need of and affected by legal aid. The support of PCS nationally for this joint action was particularly welcomed.

The lack of economic rationale for cuts was emphasised - why aren’t they taxing Google, instead of taking services from those in need? At the same time, the unfairness of taking legal aid from people who cannot possibly represent themselves, in complicated legal hearings, was contrasted with the fears of the top judges who say that people will take the law into their own hands.“Failing Grayling” was a common theme.

More on the legal aid / access to justice protest is in the Guardian (Owen Bowcott Thurs 13th June, paper and website) and Morning Star (the full letter from all organisations and individuals supporting, also Friday 14th June). The Manchester Evening News and some of the legal press also carried the letter. [see below for Guardian and letter]

It is important to know that the PCS is organising in G4S and to see how many of the Civil Justice Centre staff came out on strike. There is G4S security (three of them) at the Manchester Immigration Tribunal - which must represent an offence to those seeking asylum who are having to come into this “independent” tribunal, and then find they have to go past the G4S logos (again, it is not the individual staff members but the organisation that should not be allowed to be there).

The campaign against cuts in legal aid will continue - as will the attempts to gain co-ordinated strike action and supportive action - so that the courts can be pressurised into closing . . . . and more of the judges can be pressurised into taking a stand of their own.

[follows - petition, guardian item, the original letter with signatories]

e-petition Save UK Justice

Responsible department: Ministry of Justice

The MOJ should not proceed with their plans to reduce access to justice by depriving citizens of legal aid or the right to representation by the Solicitor of their choice.

The following weblink confirms closing dates, the closing date for our purpose is noted as 10/10/13

epetitions.direct.gov.uk/petitions/

LETTER

The letter is (almost) in full in the Evening News today with I think all signatories (oddly they cut the para about “these aren’t just cuts”…) and the text of the letter is in full in the Morning Star. [see text at bottom of this email]

GUARDIAN

There is a small piece in the Guardian 13 June, page 19

Ministry of Justice plans to cut court services trigger strikes

Court staff to go on strike on Monday amid MoJ proposals that the EHRC fear may adversely affect the judicial system

Owen Bowcott, legal affairs correspondent
guardian.co.uk, Thursday 13 June 2013

Last week several hundred lawyers blocked the road outside the MoJ in central London in protest against legal aid cuts. Photograph: Christian Sinibaldi for the Guardian Court staff are being called out on strike on Monday amid growing opposition to the Ministry of Justice’s proposals to contract out services, cut legal aid and limit the use of judicial review.

The threat of courtroom disruption comes as the government’s own watchdog, the Equality and Human Rights Commission (EHRC), warned on Thursday that the plans “may have an adverse impact on the right to a fair trial” and “exclude vulnerable people from access to justice”.

How effective the industrial action will be is uncertain. In Manchester, lawyers will join members of the Public and Commercial Services union (PCS) who work in the courts and crown prosecution service for a lunchtime demonstration.

The MoJ’s consultation, Transforming Legal Aid, which proposes slicing £220m out of the annual budget for criminal legal aid, comes at the same time as the department has revealed that it is considering outsourcing certain court services, including the collection of fines. More than £350m has already been saved by limiting the scope of civil legal aid.

Last week several hundred lawyers blocked the road outside the MoJ in central London in protest against legal aid cuts. The PCS has already begun a series of rolling actions which have so far had a relatively limited effect, but the strikes planned for next Monday are more widespread.

Mark Serwotka, the PCS general secretary, said: “These workers provide vital services every day across our justice system, and they do not deserve to be shunned by ministers who are refusing to even talk to us about the cuts they are imposing.” John Nicholson, a Manchester barrister who specialises in immigration cases and is coordinating the demonstration, told The Guardian: “This is the first time lawyers and court staff have joined together. We are defending access to justice and legal aid; we are against privatisation.”

In its submission to the MoJ’s consultation, the EHRC, the government’s statutory on equality and human rights issues, says: “The proposed changes could have an adverse impact on access to justice which would be incompatible with equality law [and]. . . on the right to a fair trial under Article 6 of the European Convention on Human Rights. These impacts may be accentuated for more vulnerable or disadvantaged individuals.”

The commission urges the government to withdraw its plans to reduce funding for judicial reviews and impose tighter time limits.“Applications for judicial review act as an effective check on the exercise of power by public authorities, protecting the rule of law and allowing individuals to obtain redress,” it says.“Judicial review is sometimes the only means of appeal from an administrative decision or from an internal complaints procedure. . .”

It warns that the residence test proposed would deny migrant children as well as recently arrived victims of domestic violence and trafficking legal representation. Mark Hammond, chief executive of the EHRC, said: “The right to go to court as a last resort, and the right to have a fair trial and a decent standard of legal representation are important protections for us all and we should ensure they are available to the most disadvantaged.”

The Justice Secretary, Chris Grayling, will appear before the the Commons’ justice select committee on 3 July to answer questions about his legal aid consultation. A Ministry of Justice spokesperson said: “At £2bn a year we have one of the most expensive legal aid systems in the world and must ensure we get best value for every penny of taxpayers’ money spent. We have just finished consulting on a number of proposals to reform legal aid and are now carefully examining all the responses. Quality, professional lawyers would still be available to anyone needing advice or charged with a crime just as they are now.”

[letter in Evening News and Morning Star ]

These Aren’t Just Cuts

Justice Minister Chris Grayling is making the most damaging attacks on civil justice in living memory. On 1st April this year legal aid for advice and representation was removed from large sections of the most vulnerable in our society. Citizens Advice, Law Centres and legal aid solicitors are now unable to offer legal aid to those needing advice and representation on debt, and most immigration, housing, benefits, private family law or employment problems. The Government itself admits that 600, 000 cases each year are no longer funded. This follows a 10% cut already made across the board in legal aid rates.

At the same time the civil servants employed to administer the justice system have seen their pay frozen and their pensions attacked – they have to pay more for their pension, work longer, and will get less in retirement – while the Government plans further cuts in rates paid to legal aid lawyers. Just as tuition fees discourage young people going to university, these attacks reduce the possibility for young lawyers going into social welfare law. The civil service union, the PCS, sees the cuts in their members’ pay and pensions as the prelude to privatisation – with more chances of incompetent and inhumane privateers such as G4S picking up contracts while reducing services.

On top of these public funding cuts, advice organisations are closing or cutting their services. This is just when people face major changes to their social rights and need advice more than ever.

The Government says the cuts won’t matter much. People can just sort it out for themselves. The top Judge in this country has said this could lead to people taking the law into their own hands.

We say that “these aren’t just cuts”. Not only are they financial reductions in the living standards of the workers (court staff and legal aid lawyers alike). But also they are unfair restrictions to the access to justice that makes a civilised society. The Government is heading towards a society where only those who can pay can receive services – whether legal advice, health, education or anything else.

We call on the Government to stop these unjust cuts. We ask staff, lawyers, everyone who believes in public services, to join us – MONDAY 17th JUNE at 1. 00 pm at the Civil Justice Centre (CJC), Bridge Street, Manchester to defend access to justice – for all.

Signed

David Vincent Public and Commercial Services Union (PCS), Ministry of Justice, Greater Manchester Branch

Denise McDowell, Director, Greater Manchester Immigration Aid Unit

Sukhdeep Singh, Co ordinator, South Manchester Law Centre

George Brown, Shazia Khan, John Nicholson, Gita Patel, Mark Schwenk, Barristers, Maria Rushworth, Practice Manager, Kenworthys Chambers, Salford

Jared Ficklin, Andy Fitzpatrick, Mark George QC, Vijay Jagadesham, Ian Macdonald QC, Lucy Mair, Camille Warren, Pete Weatherby QC Barristers, Garden Court North Chambers, Manchester

Nazmun Ismail, Mikhil Karnik, Benjamin Knight, Barristers, Central Chambers, Manchester

and

Access to Advice (Jean Betteridge, Chair)