Cross QC: 'It's ironic talking about access to justice in plush surroundings'

[Photo credit: Graham Carlow Photography Ltd]

The chair of the Criminal Bar Association (CBA) has launched a lengthy attack on the coalition government and the Lord Chancellor, in which he describes them as having a "contempt" for the rule of law.

Tony Cross QC's [pictured, second from left] attendance at the Global Law Summit (GLS) has been much debated in legal circles of late. But today, as promised over the weekend, Cross delivered a stinging attack on government policy.

Compared to this morning's session, which saw speeches from the Lord Chief Justice, the Lord Chancellor, and actress Carey Mulligan for charity War Child, the slightly less well attended afternoon session saw speakers consider the meaning of the rule of law, its maintenance and who bears responsibility for protecting it.

Cross responded that responsibility for the rule of law lies at the heart of government: the Ministry of Justice and the Lord Chancellor.

"Our Lord Chancellor takes an oath of allegiance; he swears that he will protect the rule of law. This government is the first in history to have appointed a non-lawyer as Lord Chancellor. Historically, that role has been filled generally by senior lawyers not politicians who were less politically ambitious."

Cross said that the recent government reshuffle which resulted in the dismissal of Dominic Grieve QC as attorney general, and his replacement of two junior lawyers in the form of Jeremy Wright QC and Robert Buckland QC - as attorney and solicitor generals respectively - sent out at best a "casual respect for the rule of law" and "at worst a contempt for its institutions".

Asked by the session's chair, Chantal Aimee Dowries QC, vice-chair of the Bar Council, how lawyers can educate the government on the importance of the legal aid system, Cross quoted the principles of Magna Carta, and said that access to justice was the fundamental pillar of a free society. "Without proper funding there can be no access to justice," he added.

Cross continued: "It is rather ironic that while we sit here in plush surroundings, if we scratch beneath the surface of our criminal justice system, there is a significant number of our citizens being denied access to justice."

Attacking the government's plans for reforms to legal aid, Cross said: "The first port of call for anyone involved in criminal matters is the trusted high street solicitor. Our government plans to replace those 1,700 firms with just 527 firms. Justice will be provided by conglomerates and supermarkets of lawyers. It will lead to injustice for victims and defendants alike."

Cross also warned that government reforms will have an impact on the junior bar. "Those firms, once disappeared, will not be able to provide work for the young lawyer. When they are gone, where will the future judges of tomorrow come from."

Cross suggested there was some irony that the legal aid system was born out of the post-war austerity era, yet current austerity Britain was cutting access to justice. "Austerity is hitting hard in this land. This English garden is not so rosy. The sort of austerity that we face must be resisted," he said.

"We are here to celebrate Magna Carta and a system of law celebrated around the world. Austerity is one thing, but we need to be very careful to protect our fundament rights and institutions," Cross concluded.

Speaking outside the GLS - at the Justice Alliance's protest rally - John Cooper QC said: "My issue, and many other people's issue, hasn't been in what he is going to say. I hope that he robustly attacks this government for what they have done for access to justice. Our problem is that he is there [at the GLS] at all. He could say all these things elsewhere and the reality is that it is his presence that is going to be remembered, not what he said."

However, Alistair MacDonald QC, chair of the Bar Council, defended Cross' decision to appear at the GLS. "I think it was the right thing for Tony Cross to do, to engage with the conference, and to put forward to an international audience his concerns - and they are shared by us - about the reductions in access to justice. I think that is far preferable than a withdrawal from the conference altogether. Much better to do it inside than outside."

He continued: "It is a fallacy, in my view, to think that engagement in a conference like this is means in any way that you support LASPO or the government's cuts to legal aid."

John van der Luit-Drummond is legal reporter for Solicitors Journal