Labour has today written to Michael Gove to ask him to come before Parliament and clarify his Government’s position in relation to criminal legal aid contracts. Labour is calling on the Government to admit that its two-tier policy was an error, abandon its plans and get back to the negotiating table.

Lord Falconer, Labour Shadow Justice Secretary, said:

“This process has descended into chaos and is clearly set for failure.

“Labour, practitioners and experts warned from the start that this was a flawed policy but Ministers pushed ahead regardless.

“It is now time for the Government to admit they made a mistake, scrap their plans and get back around the negotiating table.”

Text of the letter from Lord Falconer to Michael Gove

Rt Hon Michael Gove MP

Lord Chancellor and Secretary of State for Justice

Ministry of Justice

102 Petty France

London SW1H 9AJ

20 January 2016

Dear Michael,

I write concerning the legal aid duty contracts procurement process and recent speculation that the Government is about to abandon its plans.

As you know, Labour opposed the introduction of two-tier and, together with practitioners and experts, repeatedly warned about the negative impacts these changes would have on access to justice.

The procurement process, handled by the Legal Aid Agency, has been mired in chaos from start to finish.

After repeated delays in announcing the tender results and reports of errors, two separate whistle-blowers – Freddie Hurlston and Paul Staples - came forward alleging that the process had been “shambolic and unprofessional”, with bids being handled by inexperienced, temporary staff and staff being put under pressure.[1]

Despite denials by Ministers, a response from the Parliamentary Under-Secretary of State for Justice, Shailesh Vara MP, to questions tabled by Karl Turner MP revealed that almost twenty per cent of the assessment team were temporary staff and that staff working on the bids were not required to have procurement experience.[2]

Following these allegations, the president of the Law Society, Jonathan Smithers, wrote to the Chairs of the Justice Select Committee and the Public Accounts Committee expressing concerns that the process had not been robust and calling for an independent review.

I understand that a judicial review, sought by the Fair Crime Contracts Alliance, has been launched which will open on 7 April and that a hearing into more than a hundred individual procurement law challenges will begin on 3 May.

On 13 November, the Legal Aid Agency was forced to announce that services under the new contracts, scheduled to start on 11 January, would now start on 1 April 2016.

In the last few days, there has been speculation that the court action would cease this week and that the Government would drop its plans. I note that when asked by the Law Society, the Legal Aid Agency said that there had been no change of policy but that policy remains constantly under review by Ministers.

It is now clear that the timetable you have set out is un-achievable and that these reforms are set for failure. 

Do you therefore agree that it is time the Government admitted its error, got back around the negotiating table and worked with the sector to find a suitable alternative?

You will appreciate that criminal legal aid practitioners are facing considerable uncertainty over the future of their firms and careers, as well as the possibility of significant costs in litigation. Many will understandably be angry at the way this has been handled and at your department’s failure to keep them – and the public – informed.

I would therefore ask that you urgently come before the House to make a statement and clarify the Government’s position.