Don’t Know What You Have Until it’s Gone

After twelve years of criticism and flak throwing, the Legal Services Commission is preparing to be incorporated into the Ministry of Justice in a bid to reduce costs. The Legal Aid, Sentencing and Punishment of Offenders Bill has outlined the government’s proposals to cut £350m from the legal aid budget and Justice Minister Jonathan Djanogly anticipates the department will save around £8m per year following the Commissions abolition.

Legal Aid under the LSC has been the chief proponent and gateway of important case law, such as the Baha Mousa case regarding action taken by Iraqi civilians against the military; as well as tackling such Human Rights issues as the deportation of captured Afghans to prisons facing torture charges. (http://www.guardian.co.uk/law/2011/oct/14/end-legal-aid-body-celebrating). With such a record of important social cases, it is arguable to say that the LSC has championed the rights of the individual and presented the case of the minority in the face of massive opposition from the government and even the public at large.

The integration of the LSC to the Ministry of Justice is a point of considerable concern to many Constitutional lawyers, and deservedly so. The LSC’s willingness to contend institutions as immense as the Ministry of Defence has proved to be an effective tool in the system of checks and balances that ensure the integrity of the Government. Lord Justice Laws has declared that denial of legal aid because of an undesirable decision from the court would amount to the interference of the judicial process and ultimately stand opposed to the rule of law. The great concern that stands before us is whether or not the Ministry of Justice can uphold the same level of autonomy that has been exemplified under the LSC or whether it will succumb to the influences of government policy now its status as a non-departmental public body will change.

Undeniably, Legal Aid under the LSC has had its critics. The Commission is accused of being sluggish in its policy decisions, not to mention accusations by Robert Buckland MP of severe mismanagement. But the importance of the LSC cannot be underestimated. Given their record of protection to the rights of the individual and their strident work towards equal rights in society, the LSC will be looked in retrospect as a genial and ultimately benevolent body. It’s a shame we didn’t recognise this until it was too late…