A new focus

It is an enormous privilege to be given the role of legal aid minister. It is a job that presents many challenges '“ from deciding how best to deliver legal services to some of the most vulnerable members of our society; to ensuring proper representation for the defence without skewing legal aid spend further towards criminal work; to helping people turn their lives around by getting them over what might seem insurmountable hurdles, all the while keeping within a budget that is sustainable for the future. With all these challenges come many points of view '“ many of which were presented at last week's event held by the Young Legal Aid Lawyers and Solicitors Journal.

This government intends to ensure that legal aid continues to help more than two million people in England and Wales each year. It is a vital service and one that has evolved greatly over its 60-year history. Without doubt, its evolution will continue in the years to come. We have to be honest about the challenges we are facing, but, as I have said on many occasions, the priority should always be to ensure that we continue to protect civil legal aid, particularly in the area of social welfare law. This is because giving legal advice to people at this time is of huge importance and can prevent greater and more costly problems arising, but also because over the last 60 years, social welfare law has been the poor relation of the legal aid scheme.

Change often throws up many difficult questions '“ and rightly so. It is correct that there should be a vigorous debate about the reform of such a fundamental service that underpins the justice system '“ and we saw some of that debate at last week's event. The bottom line for me is how we can best help '“ and reward '“ those who provide the service while providing legal assistance to those who need it most.

Creating a more efficient system

There have been a number of reforms announced over recent months, all aimed at maintaining high quality services and access to them while preserving the budget. It is also vital that we continue to reward the skilled and very hard-working professionals that deliver these services.

Last week I provided a proposed outline for the restructuring of criminal defence services. This is aimed at achieving greater efficiencies for suppliers while ensuring that legal aid is available to those most in need. The change would see a smaller number of large contracts contracted across a Criminal Justice Area. It would also allow for contracts to include Crown Court work so that firms have access to the higher-value work.

I acknowledge that this change will affect a large number of small and medium-sized firms. However, there is widespread agreement that the current arrangements are unsustainable and change is necessary to maximise the value for money for legal aid while enabling efficient firms to thrive and make a reasonable return.

Listening to solicitors themselves, it is not difficult to understand the pressures that many are facing. It is important that we move towards a consolidated market that will enable firms to remain viable and profitable through access to greater volumes of work.

This latest step is in line with other measures the government has recently introduced to control spending and create an efficient and responsive legal aid system.

The roll-out of Crown Court means testing across England and Wales over the next three months will help to sustain available funding, and I am pleased that the Law Society supports the principle of the scheme. The introduction of a wider range of telephone and internet-based service provision and the move to turn the Legal Services Commission into an executive agency of the Ministry of Justice are equally important.

On this last point I must emphasise that as part of this transition we consider it essential '“ and an important part of executive agency status '“ that there is a clear separation between ministers and funding decisions in individual cases. Nothing in creating an agency will prevent the operation of independent decision and appeals processes, and ministers will ensure that legislation provides the necessary safeguards.

Legal aid has a great history. I spent a good part of my professional life working in it soI know just how important it is. I know too the commitment shown to it by all who do legally aided work.

The legal aid system has faced pressures throughout its 60-year history and will definitely do so over the next 60 years.

However, we need to do all we can to embrace change to continue and sustain its mission '“ providing help with legal problems to the most vulnerable people in society.