I have read the letters by Lord Hunt and Carolyn Regan (see [2007] Gazette, 13 December, 10). I note that the former describes the aim of the reforms as being 'to ensure that we can help as many people as possible within a budget that is necessarily limited, while supporting effective delivery of the justice system'.  


For so long as the budget is fixed in this way, without any regard to the changes that are brought in by the government - for example, the thousands of additional offences created, coupled with the increasing number of fraud and terrorist trials, and with no account taken of impact issues - this will inevitably be viewed as a rather disingenuous statement. I do not understand how Lord Hunt can state that he is 'ensuring quality of services for the public' when legal aid rates are now running at approximately 25% of private rates.



Ms Regan states that the reforms are necessary 'to ensure the long-term sustainability of the legal aid system'.  No, they are not. What is 'necessary to ensure the long-term sustainability of the legal aid system' would include, but not necessarily be limited to, the following: 

l An open and transparent impact assessment in relation to 'reforms' which are frankly no more or less than cuts;

l A commitment on the part of Ms Regan's political masters (including Lord Hunt) to accept and follow the results of such impact assessment; and

l A genuine commitment to the principle that a robust legal aid system is an integral part of the welfare state.



In all areas of legal aid work and geography, both in relation to criminal and civil law, high-quality and experienced solicitors have already departed in droves, leading to an inevitable loss of quality. The wisdom that has disappeared over the last few years is frankly irreplaceable and the situation will only deteriorate further. Indeed, this has now been highlighted by the Legal Services Commission through its recognition that 55% of legal aid firms will suffer yet further losses.



The best value tendering system that is now being hawked around by the Ministry of Justice and the commission is yet a further example of seeking to ensure that publicly funded law will continue to be paid for on the cheap.



DA Caleb, Sheratte Caleb & Co, London