I've clearly been doing this job for too long when I see an announcement from the Ministry of Justice about £20 million to fund free legal advice for people needing social welfare and family support and my first instinct is not to do a Tom Cruise and jump on the sofa with joy (The Oprah Winfrey Show, 2005).
Don't get me wrong, I'm ecstatic that the justice secretary has secured £20m to improve access to justice. And when he says that 'it is absolutely vital that those facing some of life’s most challenging situations - such as debt, eviction, family issues - are able to access the support they need', he's right.
So why, then, are legal aid lawyers specialising in family, debt and welfare benefits work still waiting for a pay rise? They've been waiting since 1996 and their fees were cut in 2011. The same goes for lawyers doing mental health, education, discrimination, clinical negligence, claims against public authorities, community care and public law work.
Labour's Sarah Russell MP put the point perfectly to Lammy during a meeting of the justice committee:
'The current fixed fees in family legal aid are based on an hourly rate of £44. If we contrast that with the national rates recommended by HMCTS for solicitors in general, for solicitors with over eight years’ experience the recommended rate is £288 an hour - this excludes London, so these are national rates. For solicitors with over four years’ experience, it is £242 an hour - that is anyone who is basically sufficiently senior to do any sort of supervisory work at all. For any newly qualified solicitor up to four years, it is £197 an hour. I reiterate that the current legal aid rates are based on £44 an hour. They went up by £1 an hour in 1996 and have not been reviewed since. Discuss.'
Lammy replied that he hoped to come forward with further proposals 'in the coming months', legal aid providers were being surveyed to fully understand the context and a feasibility study was being commissioned on the best way to monitor demand. Surely all the answers he needs can be found in the government-commissioned Review of Civil Legal Aid?
In the government's defence, fee uplifts for housing and immigration work came into force this month. And Lammy clearly recognises the importance of legal support, as last week's announcement shows. So, to paraphrase Tom Cruise in the 1996 classic Jerry Maguire: show legal aid lawyers the money. I might even jump on the sofa with joy.
No comments yet