Chanjman nan pwovizyon Asistans Legal Gouvènman kowalisyon Konsèvatè Liberal Demokrat la te defye pwoteksyon legal fondamantal yo.
The UK’s Conservative Liberal Democrat government — known disparagingly as the “ConDems” — have been responsible for outrageous and painful cuts to welfare provision in the UK. At the same time that profits have increased for the largest corporations, and taxation has been avoided and evaded, the British government has instilled austerity measures and made public spending cuts, which have forced the most vulnerable segments of society to pay for a financial crisis they did not cause. One result of these extreme measures has been to put fundamental legal protections at risk.
The provision of legal aid in the UK is a crucial component of the welfare state. After the Second World War, much thought was given to creating a fairer society. As well as the NHS, education, social security and housing, it was recognized that equality of access and the right to representation before the law was fundamental to a just society.
The first legal aid scheme was set under the Legal Aid and Legal Advice Act 1949. The current government is tearing apart these key components of the welfare state. As with the NHS, system of public education, and provision of social security and housing to the vulnerable, legal aid must be protected.
Dè santèn of disabled people have died, taking their own lives after having their welfare benefits cut. 57 year old Mr McArdle — who was paralyzed down one side of his body, blind in one eye, and who couldn’t speak — died one day after being found “fit for work,” which meant that his welfare benefits would be withdrawn. Other countries have seen similar outcomes. In Canada, after governments enacted neoliberal cuts to disability benefits and reviewed seriously unwell people as unqualified for continued support, many have committed suicide.
In the UK, at the same time that the welfare benefit provision is being withdrawn, the government is making it harder to understand who meets criteria for eligibility. The British government has almost entirely withdrawn legal support to those who want specialist advice in order to understand what (if anything) they might be entitled to.
The infograph below (taken from the Ministry of Justice’s website), shows in orange the level of legal aid service provision that existed before government cuts. The sections highlighted in blue indicate what is now left. As you can see, it is now almost impossible to obtain legal advice for understanding your rights to welfare benefits, and what to do when you’re in debt.
Some victims of domestic abuse who cannot afford a lawyer have to face their alleged abusers in court without the protection a lawyer would bring, and legal aid to fight prizon battles has almost entirely disappeared, disproportionately impacting women who may often work part time while raising children and so may not be able to afford private (non-State provided) legal advice.
A recent Parliamentary select committee rapòte clearly outlined that the current government had failed to do what it set out to with the cuts to legal aid service provision, that is; discourage unnecessary and adversarial litigation at public expense while supporting those who need legal support the most in a way that assures better overall value for money for the taxpayer. Yet, the current government wants to further reduce — and cut — available funds for legal advice, for those that have limited means to bring a legal challenge, understand their rights, or make complaints against abuse of state power (including in prisons).
The proposals significantly challenge fundamental legal protections including equal protection under the law, and equality of arms between parties, while also limiting government accountability. For example, the proposal to limit access to legal aid to those with a strong connection with the UK will have an impact on those who live outside the UK (including foreign nationals who have been subjected to torture or abuse abroad by UK army personnel), those who are living in the UK unlawfully, or those who have difficulties evidencing twelve months continuous lawful residence in the UK.
Legal aid is an intrinsic component to a transparent and democratic society where all citizens have a right to access justice and get a fair trial. Many people struggle to understand their legal rights and obligations, and need advice. In the UK, legal aid funds are only available to those who have very limited income or savings, and only for increasingly limited areas of law.
Legal aid “deserts” have emerged across the country in key areas of law, such as immigration, education, custody, welfare benefits, and mental health. As a result of the cuts to legal aid service provision in these areas of law, specialist and experienced firms can no longer afford to offer these services, and pay their lawyers a living wage. Also, lawyers doing criminal legal aid work are receiving less and less money for the work that they’re doing. Legal aid service providers (solicitors and lawyers) earn considerably lower than their peers. The average salary of a legal aid lawyer in 2009 was £25,000, less than a prison officer or a sewage plant worker.
Many law firms have given up their criminal legal aid practices raising serious concerns about increased risks of miscarriages of justice. At the same time, the government has proposed measures requiring suspects pleading not guilty to criminal offences to pay fees of £1,200 if convicted. Given that many individuals may not be receiving informed legal advice, this is highly problematic. The charges have already been criticised for being likely to encourage innocent people to plead guilty.
The current government’s changes to legal aid service provision have not achieved what they set out. In this context, it’s important to support politicians and movements protecting the right to legal aid service provision for those who cannot afford it, and are in incredibly vulnerable positions. Whichever political party takes power in the UK after the May 2015 elections, it will be imperative to reverse many of the cuts that the Conservative Liberal Democrat government put into place. Unfortunately, the Labour party is providing no assurances. Labour MP Dianne Abbot is one important exception to the rule. Dianne Abbot is currently campaigning to become Mayor of London and has promised to reverse the current government’s cuts to legal aid service provision. The Green Party has also stated its intention to reverse many of the government’s cuts to public services. Such moves must be supported.
Rather than further impeding access to justice in the UK, the next government must reverse many of the cuts to legal aid service provision. Failing which, only effective and creative movements of peoples coming together will insure that hard-fought for state welfare services are protected.
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