And yet, it’s also forlorn.
For years, but especially under the Conservatives, the state has been tapering the legal aid budget due to the expectation ( justified, I think) that most voters just don’t care.
Alongside court closures, it’s just easy pickings. And, this is the end result: an exodus from the criminal bar, and courts scheduling trials two years hence.
I think the problem is that people associate legal aid with the welfare state. For me, I think it’s far more elemental. It hinges on the most legitimate function of government. It’s the concept of ‘innocent til proven guilty’. A public defender is necessary because the State – with its armoury and treasury – is the accuser. Legal aid concerns peoples’ access to the law and should be a necessary aspect of the judicial machinery (as with court ushers, jury expenses, judicial pensions etc.) otherwise an inadequate defence is mere show trial (which is a feature of tyranny as opposed to the rule of law.)
In an article by Jonathan Este’s, he shows that both Labour and Conservative governments have both conspired, since the inception of legal aid, to strip it to the bone. (See: Legal aid at 70: how decades of cuts have diminished the right to legal equality). Under Tony Blair, the 1997/98 government briefed the press on “fat cat” legally aided lawyers which helped solidify an impression. This then paved the way for opportunistic governments to maintain these enduring cuts. Thus, I think this assault on legal aid actually ‘cuts’ across both parties. Of course, it is not to suggest that Tories are not to blame for the preceding twelve years, but it does predate them. To that extent, I don’t really expect much from Keir Starmer or any future government.
So, day-to-day, as the wheels of our underfunded and neglected justice system turn, the fabric of our society frays ever more.
As for today’s news, I expect the government will denounce the profession that invariably acts as a safeguard against its policies.
Let's see what happens.
No comments:
Post a Comment