Oliver Heald MP talks to eGov monitor about how reform within the British legal system is targeting the wrong institutions, how money could be spent more wisely and the importance of access to justice
Q1 As a Shadow Secretary of State for Constitutional Affairs, what do you believe to be the main issues facing the British legal system today?
Our legal system should have the twin objectives of protecting the public effectively and of providing justice efficiently. The Government’s incompetence in dealing with deportation of dangerous foreign criminals highlights its failure in meeting these objectives.
The Government spends its time reforming institutions unnecessarily: for example, the post of Lord Chancellor. This office had evolved to occupy a unique place in our constitution, with a person subject to the judicial oath at the heart of government with responsibility to protect the judiciary and the maintenance of the rule of law. There was no need to damage that important function.
What is needed is attention to the problems that really do exist: why do so many first time prisoners re-offend so quickly? Why are our prisons so over-crowded? Why is anti-social behaviour on the rise, despite the introduction of ‘ASBOs’?
We should also concentrate on access to justice. Less and less advice is available on the High Street as civil Legal Aid has contracted. Now, Law Centres are under pressure from government changes. The Government needs to find better ways of managing its DCA budget to enable access to justice for those with real unmet need.
There is a strong case for reform of the system of compensation and care for those with personal injuries. We should aim for more efficient compensation and quicker help with rehabilitation.
The criminal Legal Aid network is under review. It is important that changes do not damage the prospects of High Street practitioners, particularly vibrant small firms and the black and ethnic minority firms of solicitors. It is important to rebalance criminal Legal Aid to ensure the future for those advocates undertaking the bulk of the caseload.
Q2 Future generations are the most precious assests in society. As family law impacts on the lives of children and their future participation, how would you like to see the legal system help todays children become full and active members of society?
The law clearly needs to protect children. If children are made to feel safe within society they are more likely to become active and engaged citizens later in life. If the law fails children from an early age they will quickly become disillusioned and this can lead to problems of under achievement and even anti social behaviour. One problem of particular concern is what the Rt Hon Sir Mark Potter (President of the Family Division) called last week the ‘ever-present problem of delay in the dispatch of cases’. According to the Law Society, ninety percent of cases have delays of more than three months. This is unacceptable and is letting children down.
Steps to have earlier hearings, which are effective are very important in providing certainty for children.
We need to ensure family law is sensitive to the often difficult and complex circumstances children find themselves in, and we need to make sure that childrens’ best interests are always central in any legislation.
It is also important that a compensation culture does not make professionals and volunteers so risk averse that opportunities for adventure and learning new skills are lost.
Q3 The legal system makes a financial impact on society. How do you think they should be assessed, and what changes do you think should be made to the system to lessen its financial impact?
I believe that more work needs to be done in making sure that necessarily limited resources in the legal system are used in a more efficient way. A system which spends 50% of its legal aid budget on 1% of criminal cases needs to be reformed. However, there is a balance to be struck between efficiency and maintaining sufficient access to justice for those who have little money. The Government has not struck this balance: reforms such as the abolition of means testing for legal aid has led to an escalation in costs, as a result of which it is becoming increasingly difficult for the public, particularly the most vulnerable, to find lawyers able to take on legal aid cases.
One change which certainly did not need to be made to the legal system was the creation of a Supreme Court to replace the House of Lords. The same functions will be provided by the same judges in the same manner, but the re-housing expense to the public will run into tens of millions of pounds. All of which is supposed to be addressing a problem which did not in reality exist. This is just one example of the Government spending money where it does not need to, and not spending money wisely where it is much needed.
The Courts have an important role to play commercially and it is important that the system is efficient enough to assist good practice and to discourage late payment and other abuses. There is some concern that obtaining and enforcement of court orders is slow.
The English Legal System is forum of choice for many international companies and greatly assists our role as a business and financial services centre. It is important that we have the up to date facilities to enable this to continue.
Q4 Many people feel alienated from the legal system and see it rather as an enemy than a tool to maintain a civil democratic society. How would you like to see both respect for the legal system increase, as well as make people feel part of it?
I think that education must play an important part in this respect. Children take part in citizenship lessons at school, which includes learning about their legal rights and responsibilities. This is a good start since understanding the legal system is the first step in feeling a part of it.
I think on the whole people do respect our legal system, both nationally and internationally. And rightly so: it is independent, rigorous, and has been nurtured through the processes of a long history of democracy. However, the current Government’s passion for curbing civil liberties has greatly affected the way in which many people regard the legal system. Increasingly the law is viewed as an authoritarian tool through which the Government restricts individuals’ freedom, rather than as an essential system for protecting that very freedom. This is a great shame and needs to be addressed.
The access to justice issues mentioned above are also key.
Q5 How would you like to alter the impact the legal system has on society in the long term?
I think by and large the legal system works and I would not wish to alter it in any profound way. It is important that we preserve the independence of the judiciary and the central importance of the rule of law within our democracy. I hope that the legal system continues to promote an atmosphere of respect for human rights and encourages people to exercise their concomitant responsibilities appropriately.
But we must not be complacent about access to justice.