Competitive tendering of criminal legal aid contracts is likely to lead to allegations of corner-cutting and incompetence against solicitors, shadow attorney-general Dominic Grieve MP told a fringe meeting at the Conservative party conference in Bournemouth this week.
Speaking at an event hosted by the Law Society and Citizens Advice, Mr Grieve said the competitive process due to be introduced for criminal law specialist firms in London next year raised considerable ethical concerns.
He told the Gazette: 'I cannot see that competitive tendering in criminal legal aid makes sense - legal aid contracts do not pay market rates. If firms want to win a competitive tender, the only way they will be able to undercut each other is by steps that could open them up to potential allegations of incompetence.'
He continued: 'There are ideas creeping into the system that treat legal aid as if it is just about the economic provision of a service. That approach will lead to problems with lowered standards.'
Mr Grieve said he would be working with the Law Society and Bar Council to consider other possible models for the provision of legal aid. He added: 'There are no easy solutions. But at the moment we are facing a legal aid crisis, with civil legal aid tied into government social policy and only available for causes that the government sees as deserving.'
Law Society Vice-President Kevin Martin told the meeting: 'The civil legal aid budget needs to be ring-fenced from the criminal budget. The Labour government has invented a host of new criminal initiatives without bothering to assess the impact of these on demand for legal aid.
'This means there is less money to help disadvantaged people with problems such as housing, debt and family difficulties, even though we know that early help can save money down the line.'
He added: 'The Conservative Party is developing new policies aimed at improving public services and eliminating bureaucracy and waste. I hope the Law Society can help in developing a sensible approach to legal aid.'
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