Legal aid: on the side of the angels

The government's reforms to legal aid risk creating a division between those who can and cannot afford access to justice, a group of Christian leaders has warned.

A new report entitled 'Speaking Up', from the religion and society think tank Theos, warns that the rights of the most vulnerable in society are at risk of being affected due to changes to the type of cases available under legal aid. The report claims that it is the moral duty of all Christians to speak out against the impacts of the reforms.

The Bishop of Rochester James Langstaff, one of the numerous reverends to sign the foreword of the report, commented: "The principle of ready and effective access to the means of justice is deeply rooted in the Judaeo-Christian tradition, which itself undergirds our national judicial system. This report is a timely reminder of how foundational this principle is to our common life; to lose it is to imperil the well-being of our society, and goes against the biblical duty to give a voice to the vulnerable."

The report, co-authored by the president of the Law Society, Andrew Caplen, and the theologian and barrister David McIlroy, argue that Christians must remind government of its "fundamental responsibility" to secure justice for all. Further, Christian organisations urgently need to consider ways they themselves can provide assistance if the government is unwilling to discharge this responsibility.

Caplen and McIlroy note that sections of the Christian community have often focused primarily on legal cases involving Christians - such as the right to wear a cross in the workplace - rather than speaking up for the rights and liberties of others. However, this report urges churches to set up legal advice networks and encourage its members to volunteer at Citizens Advice Bureaux or local law centres.

The report also points to the successes of projects, such as Christians Against Poverty, which helps those with debt problems, the St James's Church Legal Advice Centre in north London, and the Salvation Army's housing legal advice centre in Essex.

Commenting on the report, Caplen said: "We are genuinely concerned that the changes and cuts to legal aid are affecting a substantial number of those needing legal advice. This year we celebrate the 800th anniversary of Magna Carta and the creation of the rule of law, yet without full and fair access to justice the rule of law is just a concept, an ideal."

McIlroy added: "The Bible is not only preoccupied by justice, but also by access to justice. It places a repeated emphasis on advocacy, on 'speaking up' for those who, for whatever reason, cannot speak for themselves. We need to hear this message afresh today."

The implementation of LASPO has resulted in legal aid only being available in certain areas of the law. The government's own impact assessment estimated that over 600,000 individual matters each year would not qualify for assistance once LASPO came into force.