MPs tasked with holding the government to account on spending have accused the Ministry of Justice of remaining ‘stubbornly uninterested’ on legal aid. In a damning report published today they lambast the department for not doing enough to ensure adequate provision and failing to safeguard the sustainability of the sector.
Sir Geoffrey Clifton-Brown, chair of the House of Commons Public Accounts Committee, said legal aid reforms were ‘now at serious risk of going down in history as an extinction event for the entitlement to access to legal advice in large parts of the country’. He added: ‘Our report finds government remaining stubbornly uninterested in whether this is the case, but it must now wake up on this subject. If it refuses to, the Ministry of Justice should, frankly, consider changing its name to the Ministry of Justice (for Certain People). This might be more appropriate for a nation without a sustainable solution in the long-term to provide legal aid to the digitally excluded quarter of the population who need it most.’
Today’s report states that significant gaps in face-to-face provision remain and the Legal Aid Agency and MoJ were unable to demonstrate an improved understanding of whether digitally excluded people can access help.
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The ministry was criticised for failing to put in place sufficient measures to ensure the future sustainability of the legal aid market.
Noting the continued absence of a mechanism to routinely review the profitability of legal aid fees, the committee said: ‘While we accept MoJ’s argument that setting legal aid fees is a decision for ministers, regular reviews of profitability and sustainability would provide ministers with the information they need to make informed decisions.'
Agreeing with today’s report, Law Society president Mark Evans described legal aid as a ‘vital public service’.
‘Despite some recent improvement, the government has not done enough to put legal aid on a sustainable footing. We welcome the recommendations set out by the public accounts committee and share the view that the MoJ should routinely review profitability and sustainability for all types of legal aid,’ Evans said.
A spokesperson for the MoJ said: 'This government inherited a legal aid system in crisis - that’s why we are investing tens of millions across the board to support hard-working legal aid lawyers.
'We recently confirmed an additional investment of up to £92m per year in criminal solicitors, alongside a further £20m in immigration and housing legal aid fees - the first major increase since 1996. This investment will help to tackle years of neglect and will support the sector’s long-term sustainability.'
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