barmag67 Jan. 2016 | Page 15

are the possible forerunners of what is to be a crucial committee to preserve sustainable access to justice for the future with the many recent onslaughts on public legal funding. So where do you start if you want to know more about the JC? Members of the current committee have been elected until 2020, in other words the full Parliament. They come from a variety of backgrounds both legal and non-legal to give the JC a bit of balance. And, importantly, they have security of tenure being elected by the whole house by secret ballot. The way JC business is arranged for the Parliament starts with their Forward Programme which looks at the sort of issue they wish to pursue. Do have a look at the website and read the “Formal Minutes” of previous JC meetings listing the agenda items. Just a quick inspection will be most illuminating for practitioners as there is an important public area for the electorate called ‘consideration of public petitions’ where there is direct link to the voter on non-personal issue matters including the usual suspects, nearly always involving money. Having said that, browsing the last set of minutes shows the inclusion of petitions on inquests, human rights and burial and cremation services… so the areas are wide and varied! However, it is what the committee excludes which will be of interest: the consideration of individual cases and appointments; the work of the Scotland and Wales Offices and of the Advocate General for Scotland. The JC does examine, under the item “main estimates memoranda” the administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office although again it excludes individual cases and appointments and advice given within government by Law Officers. The Justice Committee is one of the nineteen Select Committees related to Government Departments, established by the House of Commons under Standing Order No. 152. In essence it is not party political and works to scrutinize justice matters on behalf of the public. The finality of their work contains the reports presented to the House of Commons for debate which is where there is much bigger publicity of what the JC actually does. The JC’s Inquiry Work Probably the most fascinating and constructive area is where the JC chooses its own subjects of inquiry which they can initiate. It allows for some investigatory freedom as a committee which exercises cross-party scrutiny. Depending on the subject, external deadlines, and the amount of oral evidence the JC decides to take, an inquiry can take several months and lead to reports to the House of Commons. In other cases, inquiries may consist merely of a single day’s oral evidence which the JC may publish without making a report. When the JC has chosen an inquiry it normally issues a press notice outlining the main themes of inquiry and inviting interested parties to submit written evidence. It may also identify possible witnesses and issue specific invitations to them to submit written evidence. Bob did indicate that the website will be possibly reviewed to include all relevant press notices and of course documentation which is available to the public. Legal Aid in Austerity Britain Following our interview which did feature hot topics like legal aid and criminal costs, Bob has raised concerns over the “unintended” consequences of LASPO during a Westminster Hall debate held two days later on 15 October 2015. His view was that legislation which “impacts access to justice should have an evidential basis”. He continued saying that “access to justice is fundamental to a system based on the rule of law, and it is therefore important that any changes we make to the ability of the citizen to access proper legal advice are based upon objective evidence.” Perhaps it is some comfort for advocates to know of this approach although the main decision-making always lies with the Treasury. Alex Chalk MP, who is another JC member and a barrister, has reinforced Neill’s point that a review of the impact of LASPO should be carried out sooner, rather than later. A point echoed earlier at the Conservative Party Conference in Manchester when ministerial assurances of a LASPO review were given by Lord Faulkes. To complete the confirmation, Justice Minister Dominic Raab has replied saying that the timing of a LASPO review will take place at some point between 2016-2018 when reforms have bedded in and a “steady state” is achieved. Rabb continued saying that “the precise timing and the form of the review will be guided by our assessment of the extent to which the reforms have reached a steady state, as I have already indicated, and by Government and wider stakeholder research and evidence on the impact of the reform.” We can take it, then, that there will be no early change in legal aid cuts for austerity Britain… but don’t forget about using ‘public petitions’, or should I remind you of this. Criminal Court Fees One emerging area which I raised with Bob was the continuing and highly controversial vexed issue of criminal court fees. Pressure has been mounted for reform of criminal courts charges. the barrister Hilary Term 2016 barmag67.indd 15 15 03/12/2015 10:21