LEGAL AID 'ADVICE DESERTS' ARE SPREADING, SAYS PETER WILLIAMSON, AS HE OUTLINES A STRATEGY TO ACQUIRE MORE GOVERNMENT CASH FOR THE SCHEME

Throughout last year, the Law Society engaged in discussion with the solicitors' profession about the long-term future of legal aid, culminating in the publication in December of 'Protecting Rights and Tackling Social Exclusion', the Society's proposals for the future delivery of legal aid services.

We have taken the debate to the government, arguing for both new money and more effective distribution of existing money.

The paper has two key features: it urges the government to ring-fence the civil legal aid budget and it presses the government to consider more effective ways of paying for supply, perhaps along the lines of that available to GPs or dentists working in the NHS.

We will continue to work tirelessly to influence not only the Legal Services Commission (LSC) and the Department for Constitutional Affairs, but also the Treasury, which has yet to recognise that money spent on resolving legal problems as they arise can result in significant net savings to the public purse.

The Law Society is well aware that, while the longer-term discussions are continuing, legal aid practitioners need to work within the current framework.

In particular, many of you will now be giving serious consideration whether to progress with bids to renew contracts in both civil and criminal work.

I would like to pay tribute, in particular, to Law Society Council member Rodney Warren and those members of practitioner groups working with the Society to comment on the proposed new contract terms and conditions.

The Society has expressed its concerns, in the strongest possible way, about the woefully short period of consultation on the new terms and conditions.

Nonetheless, we will respond to the proposals and keep the profession informed on how negotiations are progressing, primarily through our legal aid newsletter Dispatch, but also through the Gazette and our Web site www.lawsociety.org.uk.

Practitioners in crime and in immigration and asylum in particular are facing considerable uncertainty as they attempt to deal with several proposals affecting their practices.

The pace of change is rapid, placing immense pressure on lawyers already struggling with the complexities of the contracting system and with the demands of running a business.

Because of a perceived over-supply, the LSC recently introduced a competitive bid round for immigration and asylum contracts.

Following a robust exchange with the commission concerning both the lack of consultation on the criteria for awarding contracts, we have been able to secure some concessions on the current process and a commitment from the LSC to full consultation on any future competitive bids.

The government is right to insist on providing consumers with a quality service and taxpayers with value for money.

However, quality comes at a price and the LSC must ensure that the quality of supply is not sacrificed to appease the Treasury's demands to tighten the purse strings.

Legal aid expenditure is approximately 2 billion each year in England and Wales, a tiny fraction of the 125 billion spent on education and on the NHS.

It is difficult to understand why such resistance to additional funding for legal aid exists.

It is surely more cost effective to address the initial legal problem than to allow unresolved issues to cause even more serious problems down the line.

It appears that the government is yet to acknowledge that services provided by legal aid lawyers are as essential to communities as those provided by nurses, doctors and teachers.

Legal aid 'advice deserts' are undoubtedly growing.

We know that in parts of England and Wales there are as few as one legal aid supplier in certain categories within a large radius.

People in need are finding it more and more difficult to obtain help.

This is unacceptable in a modern democratic society.

The Constitutional Affairs Select Committee recently announced an inquiry into gaps in the provision of legal aid, which is set to begin in February 2004.

The Law Society warmly welcomes this initiative and in anticipation of the inquiry we are conducting research with students and trainees, to ascertain whether aspirations of working in legal aid practice might be frustrated by uncertainty about the future of legal aid, coupled with the enormity of student debt.

I would urge all who have been invited to participate to make your voices heard by completing and returning the questionnaire sent to you by the Society.

There is undoubtedly much more to be done on the question of legal aid.

We need to secure its short-term future, as well as ensuring a better future.

We hope that our proposals for the future delivery of publicly funded legal services will be the basis for constructive dialogue with government and the LSC.

In parallel to those discussions, we will continue to engage the LSC in a robust dialogue about the new contracting proposals, set to be introduced in April.

Peter Williamson is the Law Society President