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Curran, L 
ORCID: https://orcid.org/0000-0002-6371-2975,
2024.
Submission to the UK Parliament Public Accounts Committee – value for money from legal aid.
Nottingham Trent University.
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Abstract
1. Whilst understanding that this inquiry is examining ‘value for money from legal aid’ it is important to note that cutting funding or recalibrating eligibility with less people eligible for legal aid as the Ministry of Justice has done whilst it may save money in the short term has significant flow on effects in terms of ‘cost’ fiscally and flow on cost in other areas, it also has a ‘cost’ in its toll on health, wellbeing, housing, income support for people. It is important though to remember legal aid is not merely about ‘value for money’ but its important role in a democratic society and so a properly funded and sustainable legal aid system is critical.
2. Whilst this submission celebrates the Head of the National Audit Office Gareth Davies recent report (National Audit Office, 2024) on the government's management of legal aid and endorses many of its conclusions, this evidence seeks to stress that all the solutions do not rest merely on economic or monetary measures.
3. There are a range of other strategies that are necessary in addition to proper resourcing which rarely gain attention, but which are supported by evidence, evaluation and with experiences in other jurisdictions of different models such as the mixed model in Australia (see below) and with success.
4. If the UK parliament is going to pass laws, then they must also consider the flow on effect for people to obtain proper advice on the impacts of such laws on the individual circumstances. This is critical in any discussion of access to justice. The approval of legislation by Parliament requires there be a concomitant obligation to ensure that subjects are also able to understand those laws, know their rights, have capability and resourcing of the legal support necessary to exercise these. Such as the current consideration of the Illegal Migration Act 2023 Which as the author has written elsewhere, based on the evidence is likely to lead to failed policy at great cost. (Curran and O’Nions, 2023) The link between equality before the law on which the rule of law and integrity and legitimacy of the State reside are important considerations for a Parliamentary committee of this nature even though it is concerned with wise public expenditure which as the National Audit Office report shows is not evident in the case of legal aid.. These remain the hallmarks of good democracy. If the State passes laws, it needs to ensure people can understand them and action what is required for them to have the protection of the law or to address poor practice.
| Item Type: | Other |
|---|---|
| Creators: | Curran, L. |
| Publisher: | Nottingham Trent University |
| Date: | 14 February 2024 |
| Identifiers: | Number Type 1863829 Other |
| Divisions: | Schools > Nottingham Law School |
| Record created by: | Jonathan Gallacher |
| Date Added: | 20 Feb 2024 12:20 |
| Last Modified: | 20 Feb 2024 12:20 |
| Related URLs: | |
| URI: | https://irep.ntu.ac.uk/id/eprint/50894 |
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