Gove's speech is a 'whitewash' of government failures

While the rank and file of the solicitor and barrister professions are largely united in criticism of Michael Gove's first speech as Lord Chancellor, the representative bodies of the legal profession seem at odds over endorsing the new justice secretary's 'One Nation' justice policy.

Responding to excerpts from Gove's first address, the president of the London Criminal Courts Solicitors' Association (LCCSA), Jonathan Black, said they were 'choice words and meaningless without proper safeguards in place to ensure access to justice'.

Black has since been joined by Bill Waddington, pictured, chair of the Criminal Law Solicitors' Association (CLSA), who said it was 'ironic' that while the Lord Chancellor 'attacks the two nation system', he decides to proceed with cuts to legal aid and 'forced consolidation'.

'These two destructive reforms will reduce the number of solicitors firms by two-thirds and within a matter of months create legal advice deserts,' observed Waddington. 'The destruction of access to trusted lawyers for the general public is the thing that will reinforce the two-track nature of our justice system, therefore efficiency reforms alone cannot [and] will not fix it.

He continued: 'The plight of the victim is one of the many concerns of defence lawyers. Lawyers are also citizens and sometimes victims of crime. However, their plight must also be measured alongside the right of a defendant to a fair and speedy trial. Cuts to the police and legal aid budgets have not helped the plight of victims. Today, many crimes are not even investigated, leaving victims with no justice at all.'

Waddington added that victims who do get their day in court face the prospect of delays due to government imposed court closures and CPS failings.

'Many of them have to experience cross-examination by an unrepresented defendant who is ineligible for representation due to legal aid cuts,' he continued. 'All of this is due to this government's policies over the last five years and there appears to be no sign of reversal.

'Mr Gove's words are whitewash pure and simple, covering over the ever widening cracks in the system for which this government is solely responsible.'

Holding it all together

Also responding to Gove's maiden speech was CLSA vice chair Robin Murray, who argued that solicitors were the glue that keeps the criminal justice system from falling apart.

'Lord Leveson made it clear in his report that reforms of the justice system are absolutely essential if it is to meet the needs of the 21st century and we adamantly endorsed his conclusions,' said Murray.

'Leveson revealed that solicitors conduct 97 per cent of all criminal cases in the magistrates' courts, the police stations, and, increasingly, in the Crown Court. We are the glue that keeps a dysfunctional and underfunded system together.'

Murray added that it was the result of successive government attacks on access to justice that the wealthy have a disproportionate advantage over the poor.

'The only way Lord Leveson's efficiency reforms will work is ensuring we retain a skilled and motivated work force,' he continued. 'The current government policy of cutting legal aid unnecessarily will wipe out two thirds of solicitors firms and frustrate reform.'

High-quality advocacy

By contrast, a statement issued by the Bar Council was full of praise for the Lord Chancellor's speech.

'By acknowledging the need to maintain and protect an independent Bar and high-quality advocacy in our courts, the justice secretary has shown his awareness of, and commitment to, our adversarial legal system and its value in delivering a world-leading justice system. He has also demonstrated a willingness to listen to key elements of the legal profession,' said Alistair MacDonald QC, chairman of the Bar.

'We welcome the commitment to investment in the infrastructure of the courts just as we welcomed the recommendations of Sir Brian Leveson to improve and update the way in which cases are brought to trial. There is more to do, but the Bar Council will continue to work with the justice secretary and the Ministry of Justice to ensure that justice is delivered efficiently and fairly to all,' he continued.

Tony Cross QC, chairman of the Criminal Bar Association (CBA), also welcomed the justice secretary's approach to reform of the justice system. 

'Access to justice with minimal delays in a fully functional criminal court system delivered by the very best qualified lawyers is as much a public right as access to healthcare within a functioning NHS delivered by the best doctors and nurses.'

He continued: The Justice Secretary is right that access to justice involves maintaining the high quality of advocacy the public deserves and which we support through a fully functional independent bar, which lives by its ability to provide the best legal advice.

'The public expects the best qualified A&E doctors and surgeons to deliver critical care when it is most needed and so we support court reforms which allow the best legal advocates to care for the public when justice is at stake.'

The disparity in opinion over the Gove's address is likely to exacerbate the divide between the professions at a time when unity is called for to roll back the tide of cuts to legal aid.