The False Economy of Legal Aid Cuts

Haldane Society and Young Legal Aid Lawyers release independent report arguing that cutting legal aid is "a false economy" ahead of expected government announcement on legal aid reforms.

A panel of independent experts have concluded that cutting legal aid will not bring the savings to Government spending that Ken Clarke hopes.

" UNEQUAL BEFORE THE LAW? THE FUTURE OF LEGAL AID " sets out the findings of a 'Commission of Inquiry into Legal Aid'. The Commission comprises Evan Harris, former Liberal Democrat MP, Diana Holland, assistant general secretary of the trade union Unite, and the Reverend Professor Nicholas Sagovsky, until recently the canon of Westminster Abbey. These three non-partisan and independent-minded experts, each with a long track record of promoting social justice, considered the cases both for and against legal aid.

Their purpose was to consider objectively, at a time of cuts to public spending including proposals to remove £350 million from the £2.1 billion legal aid budget (see over), the value of the safety net which our legal aid system provides for the ordinary people, sometimes poor and usually vulnerable, who rely upon it.

'Without legal aid I would not have been able to get the help I needed. I would have either been forced back into an abusive relationship or had to move to a refuge with my two children.' SH, written evidence to the Commission of Inquiry into legal aid

On February 2 the Commission took part in a live session at the House of Commons and heard from ordinary people who had received help under the legal aid scheme including the victims of domestic abuse (such as "SH"), destitute asylum seekers, individuals with mental health problems and those who had experienced debt and homelessness.

EP described how legal aid helped her escape her abusive and domineering husband and gain custody of their children. Mrs Whitehouse expressed gratitude for the legal aid lawyers who had helped her stay in her home of nearly 50 years. The Commission heard how people facing such problems in the future may find themselves unable to obtain advice or representation if the government reforms are brought in unchanged.

During its inquiry the Commission also considered evidence from groups such as Liberty and the Child Poverty Action Group as well as submissions from a wide range of organisations (the Ministry of Justice, Policy Exchange and The Adam Smith Institute).

The Commission made seven findings (see over). Unequal before the law? publishes those findings, the individual testimonies and the submissions that they considered.

Evan Harris, Diana Holland and Reverend Nicholas Sagovsky said:

'Legal aid is vital in protecting the rights of vulnerable people...many of those who receive legal aid are among the most vulnerable in society. They include the elderly, the disabled, the abused, children and the mentally ill. They each have legal rights which they would not have been able to enforce without legal aid.'

'Legal aid is vital in upholding the rule of law...There can be no semblance of equality before the law when those who cannot afford to pay a lawyer privately go unrepresented or receive a worse kind representation than those who can.'

'Legal aid is essential to holding the state to account...It would be wrong in principle for the state to tolerate bad-decision making while at the same time removing the ability of ordinary people to hold those bodies to account for their mistakes by reducing legal aid.'

'Cutting legal aid is a false economy...When coupled with the human cost to the vulnerable and socially excluded of reducing legal aid, the panel finds these increased economic costs are unacceptable.'

Having considered the evidence the Commission made seven key findings:

• Legal aid is vital to protecting the rights of vulnerable people;
• Legal aid is vital to upholding the rule of law;
• Legal aid is essential to holding the state to account;
• Cutting legal aid is a false economy;
• A holistic approach is needed in providing legal aid;
• Cuts to legal aid will drive out committed lawyers; and
• Cutting legal aid is not a fair or effective way to reduce unnecessary litigation.

Unequal before the law? The future of legal aid is published by Solicitors Journal and the research company Jures as part of the Justice Gap series. It is edited by Jon Robins. This is the third publication in the Justice Gap series.

Information about the Justice Gap series including requests for hard copies and PDFs, contact Jon Robins (jon@jures.co.uk/ 07760 415 478).

It is available for download here.

Photos from the launch of the Legal Aid Report here

Please show your support for legal aid by supporting 38 degrees here

And sign the Sound Off for Justice petition here

Human Rights in Tunisia

Three members of the Haldane Society's executive committee are currently in Tunis as part of a delegation of human rights lawyers and academics investigating human rights abuses under the Ben Ali regime, the complicity of the US and EU states in those atrocities and the prospects of restorative justice for the victims, particulary political prisoners. They will also be investigating the role of Tunisian Trade Unions in the revolution and their ability to protect worker's rights in this fast-changing environment.

The delegation's progress can be followed at their blog:www.tunisiahumanrights.wordpress.com

The twitter feed is here

Cuts to Legal Aid: Haldane's Response to the Green Paper

The Haldane Society has responded to the Ministry of Justice's consultation on cuts to legal aid. We call for an expansion of the legal aid scheme so that 80% would be financially eligible for legal aid, for better decision-maker by public bodies, and for legal aid to remain for social and welfare law and all other areas of law currently included. We warn that if legal aid is cut, only the rich will have access to justice.

Our full response can be read here

Our colleagues in Young Legal Aid Lawyers have produced a very detailed response, saying that these savage cuts will deny or delay justice.

YLAL's response can be read here

The response from the "Commission of Inquiry into the case for Legal Aid" is here

The Case for Legal Aid: An Inquiry

The Haldane Society and Young Legal Aid Lawyers held their "inquiry into the case for legal aid" at Parliament on Wednesday 2 February 2011. The panel of Canon Nicholas Sagovsky, Diana Holland and Dr Evan Harris, assisted by Mike Mansfield QC, heard evidence from people who had benefited from legal aid and from expert practitioners in the fields of welfare benefits, immigration law, housing and community care law. A full report will be posted here.

Click here to view photos

Haldane Society Statement On Morong 43, Philippines

The Haldane Society notes with concern the case of 43 health and community workers – known as ‘the Morong 43’ – currently being detained in the Philippines. The Morong 43 detainees were arrested whilst attending a training camp for health workers on 6 February 2010 when the premises were stormed by almost 300 army and police personnel. The search warrant presented by the police, which was not until presented until after they had entered the premises, was patently defective: it was not specific to the premises being searched, it was issued in a different district to where the search was to be carried out – that alone making it invalid under Filipino law – and, most egregiously of all, was made out in the name of someone who neither lived at the premises nor was present there at the time. No arrest warrants were presented which, in conjunction with the invalid search warrant, makes the detainees arrests flagrantly illegal.

The detainees are accused of being communist rebels and are charged with various offences relating to possession of firearms and explosives supposedly found at the scene. The detainees were transferred to a military compound where they remained until 1 May 2010, at which stage they were transferred to a jail just outside of Manila. Over the period when they were detained in the military compound, the detainees were beaten, intimidated, subjected to mock executions, offered bribes and had threats made against themselves and their family in an attempt to force them to confess or give evidence against their fellow detainees. It is also alleged that the evidence supposedly found during the search was planted by the police, as the search was carried out unsupervised.

The progress of the case through the Filipino courts has been protracted. A habeas corpus petition was unsuccessful at the Court of Appeal and was appealed to the Supreme Court. However at this point, seven months after the case was referred to it, the Supreme Court has still not heard any evidence and the detainees continue to languish in prison.

Haldane Society members were part of a delegation of lawyers from the International Association of Democratic Lawyers that met with the Filipino Justice Secretary, Leila de Lima, in mid September. The delegation was encouraged to hear that Secretary de Lima shared many of our concerns regarding injustices apparent in the case, and that she intended to review the case. Secretary de Lima has since given a report on the case to President Aquino. The Haldane Society hopes that President Aquino considers the report and moves to repair the injustices committed against the Morong 43, and break away from the previous administration’s dire record on protecting human rights, by doing everything within his power to have them released.

by Mike Goold

Wrongful Conviction of Greenpeace Activists by Japanese Court

RICHARD HARVEY ON BEHALF OF HALDANE SOCIETY OF SOCIALIST LAWYERS

Junichi Sato and Toru Suzuki exposed the blackmarket trade in whale meat in the course of a Greenpeace investigation into Japanese so-called ‘scientific’ whaling. Crewmembers of a taxpayer-funded whaling ship were illegally selling the priciest cuts of whale meat.

Junichi and Toru intercepted a box of whale meat in a storage depot in the port of Aomori. They presented their findings at a press conference, delivered the box to the prosecutor’s office in Tokyo and offered the judicial authorities their cooperation to further uncover the smuggling ring. Instead of investigating these black market activities, the Public Prosecutor dropped the investigation and arrested Junichi and Toru.

The ‘Tokyo Two’ were convicted of theft and trespass on 5 September 2010, and sentenced to one year, suspended for three years. Greenpeace rightly describes this result as wholly disproportionate and unjust, and they will appeal.

The UN Working Group on Arbitrary Detention has said that the detention of Sato and Suzuki was unjustified and contrary to the International Covenant on Civil and Political Rights, especially Article 19 of this Covenant guaranteeing the right to express, impart, receive and seek information. Japan is a party to this treaty.

The Haldane Society joins other international human rights groups in condemning the prosecution, as the ‘Tokyo Two’ clearly had no intention to steal whale meat, but rather, in the public interest, to expose unlawful practices in the Japanese whaling programme. Under international human rights law, peaceful protest by NGOs, investigative reporting by journalists and others, whistle-blowing and participation in public debate on matters of interest for society should be guaranteed and protected by public authorities.

In the international court of public opinion, the ‘Tokyo Two’ were found not guilty long ago. By the principled way in which they have fought their case, Greenpeace’s activists have turned Japan’s normally establishment-oriented media completely around. When they were arrested over two years ago, the media all wanted to know why the ‘Tokyo Two’ refused to apologise for their conduct. Today, the press is demanding that the prosecutor explain why he has failed to investigate the misconduct that Greenpeace exposed.

For more information please click here

Protest against Israeli military attack on Gaza aid flotilla

Haldane Society of Socialist Lawyers demands legal and political consequences

The Haldane Society of Socialist Lawyers, together with the European Association of Lawyers for Democracy and World Human Rights (ELDH) and the European Democratic Lawyers (EDL) denounce in the strongest terms the military attack by Israeli military forces on the Gaza aid flotilla in international waters, and the killing of at least 10 peaceful demonstrators. See BBC World News “Deaths as Israeli forces storm Gaza aid ship” at http://news.bbc.co.uk/1/hi/world/middle_east/10195838.stm

Instead of acknowledging its responsibility for the crimes committed during the military attack on Gaza one and a half year ago – which have been documented in the UN “Goldstone Report” – and stopping its unlawful siege of Gaza, Israel is adding new crimes to its long record of unlawful actions.

The Gaza aid flotilla, originally comprising 8 ships carrying thousands of tons of construction materials, medical equipment and other aid, intended to sail to Gaza in order to deliver its humanitarian aid, and in order to break symbolically the unlawful blockade of Israel imposed on Gaza. Among the estimated 700 peace activists on board were the 1976 Nobel Peace Prize Laureate Mairead Corrigan Maguire of Northern Ireland, an elderly Holocaust survivor, and European legislators. One participant was Professor Norman Paech (German MP for the Left Party up to 2009), who is also a member of the German lawyers association VDJ, a member association of ELDH.

The Haldane Society demands that the United Nations and the European Union take all necessary political and legal steps to demonstrate to Israel that they are not prepared to accept such humanitarian atrocities and violations of international law.

In particular the Haldane Society demands:

• Immediate release of the peace activists, the crew and the ships
• Immediate transfer of all humanitarian aid materials and equipment to Gaza
• An international investigation of the crimes committed during and after the military attack on the Gaza aid flotilla
• Prosecution of the responsible Israeli soldiers and politicians
• An end to the unlawful blockade of Gaza by Israel
• Acknowledgement by Israel of the crimes committed during the military attack against Gaza in 2009

The European Lawyers Association for Democracy and Human Rights protest against Israeli military attack on aid flotilla is here

The International Association of Democratic Lawyers call for an international investigation into Israeli murder of human rights workers is here

Arrest of Peter Erlinder in Rwanda

The Haldane Society of Socialist Lawyers condemns the arrest of Peter Erlinder by Rwandan authorities and demands his immediate release. Professor Erlinder, a faculty member at William Mitchell College of Law in the United States and president of ADAD, the International Criminal Tribunal for Rwanda (ICTR) Defense Lawyers Association, was arrested by the government of Paul Kagame, Rwanda’s president. He is charged with violation of Rwanda’s so-called “"Law Relating to the Punishment of the Crime of Genocide Ideology," apparently because, in the course of his representation of clients before the ICTR, he has challenged the accepted story of the Rwandan Genocide. He has also been a critic of Kagame and filed suit against him in the United States, alleging he triggered the genocide by ordering the assassinations of Juvenal Habyarimana, president of Rwanda, and Cyprien Ntaryamira, president of Burundi, whose plane was shot out of the sky in 1994.

It is evident that Erlinder’s arrest was politically motivated and seeks to punish him for fulfilling his responsibilities as a lawyer, to be a vigorous and conscientious advocate for his clients. The appropriate venues to test the truth of Erlinder’s claims are the courts in which he is litigating and the pre-emptive strike against that by the Rwandan government can only lend credence to those claims. The Rwandan government and President Kagame should not fear fair and public trials. Erlinder’s advocacy is in the finest tradition of the legal profession and every individual and government committed to the rule of law, especially including the government of Rwanda and President Kagame, should applaud his dedication to his clients’ causes.

We call on the British government, the United Nations, non-governmental organisations and individuals around the world to prevail upon Rwanda to release Erlinder immediately.

Haldane wins out at Legal Aid Lawyer of the Year Awards 2010

Haldane Society activists were honoured on Wednesday 26 May for their commitment to legal aid. At the Legal Aid Lawyer of the Year awards, organised by the Legal Aid Practitioners Group (LAPG), Kat Craig (Haldane Vice-Chair) won Young Legal Aid Solicitor of the Year, Adam Straw (former Haldane executive member) won Young Legal Aid Barrister of the Year and Haldane President Mike Mansfield QC was given an award for Outstanding Achievement amongst legal aid lawyers.

In their acceptance speeches, Kat reminded the audience that lawyers in Colombia have been murdered for their commitment to human rights and Adam stressed the importance of lawyers campaigning and lobbying as well as litigating. Mike Mansfield called for vigorous action to defend legal aid services from public spending cuts.

Haldane Chair Liz Davies said: "Each of these Haldane activists does outstanding legally aided work and they have made a difference to the lives of their clients. We're proud that their talent and commitment has been recognised by the profession. The government needs to realise that there will only be similarly talented and dedicated lawyers in the future if the legal aid system - already cut to shreds - is protected from public spending cuts. Without legal aid, it will be impossible for ordinary people to engage lawyers to help defend their rights."

HALDANE SOCIETY VICE-CHAIR KAT CRAIG SHORTLISTED FOR "YOUNG LEGAL AID LAWYER OF THE YEAR"

Kat Craig, solicitor at Christian Khan solicitors and Vice-Chair of the Haldane Society, is on a shortlist of three for the prestigious award of "Young Legal Aid Lawyer of the Year", organised by the Legal Aid Practitioners' Group. Legal aid lawyers are the unsung heroes of the legal profession and act for some of the poorest and most socially disadvantaged people in society.

Kat works on public and private law challenges to the police and the Home Office and other detaining authorities. She also represents the families of those who died in police and prison custody during the respective investigations by the police or Prison and Probation Ombudsman and at the Inquest.

Haldane Chair Liz Davies said: "The Haldane Society was proud to support Kat's nomination for Young Legal Aid Lawyer of the Year. Kat combines political activity with an extremely demanding publicly funded   case-load. She's active in campaigns to defend legal aid, and to support human rights defenders in Colombia and elsewhere. We can't think of a better person to be Young Legal Aid Lawyer of the Year and thank LAPG for shortlisting her."

Further information at www.lapg.co.uk

Concern at Sentence for Abdullah Ocalan's Lawyers

The Haldane Society notes with serious concern that the lawyers, Irfan Dündar and Firat Aydinkaya, who act on behalf of imprisoned Kurdish leader Abdullah Ocalan, have been sentenced in Istanbul for "spreading propaganda for a terror organisation".

The Istanbul 10th High Criminal Court gave both lawyers prison sentences of ten months each (which was suspended for five years because of "good conduct and no previous criminal record"). At the same time the same court acquitted former Democratic Society Party (DTP) MP Aysel Tugluk of similar charges.

Ocalan's lawyers were sentenced because of the appearance of a newspaper article entitled "A chance for Öcalan" published in Özgür Gündem on 29 and 30 April 2009. The court stated that the article included phrases made by Dündar and Aydinkakya such as "The lawyers conveyed Öcalan's opinion on the developments within KONGRA-GEL (PKK)", "He is experiencing the pain of change" and "Öcalan's opinions are important for an enduring peace".

Informed by the findings of a number of its members who participated in an International Delegation to Turkey in February 2008, the Haldane Society firmly believes that the sentence reflects the intolerable conditions under which lawyers acting for the Kurdish leader have been subject since his apprehension in 1999 and the subsequent trial.

Unfortunately, it is nothing new for not only have they been subjected to various forms of harassment and intimidation while performing their normal professional duties and seeking to represent their client, they have been treated as terror suspects themselves.

The fact is that Turkish law as presently constituted permits such charges to be routinely brought against lawyers simply for putting across the case of their client.
The Haldane Society considers that this situation is utterly unacceptable and will continue to publicise the cases of, and express solidarity with, those lawyers seeking to perform their professional duties in the most difficult of circumstances.