Key Updates and Information
Law Society Granted Permission to Challenge Government on Legal Aid Rates
The Law Society has been granted permission by the high court to bring a judicial review challenge against the government regarding the failure to increase criminal defence solicitors’ legal aid rates by the recommended 15%. This decision comes after the government did not implement the key recommendation of Lord Bellamy’s independent review on criminal legal aid.
According to the Law Society, the government’s decision was deemed irrational, lacked reasons, and was in breach of the constitutional right of access to justice. The society sees this as a significant step forward in their fight for the future of the criminal justice system.
More than 1,400 duty solicitors have left the profession since 2017, and without urgent intervention, many individuals could be left without access to legal representation when needed. The Law Society is calling on the lord chancellor to engage with them and address their concerns without the need for further court intervention.
The society is eager to work with the government to find a way forward to make criminal legal aid financially viable for defence solicitors and ensure access to justice for all individuals in need of legal representation.
Justice Week 2023 Launched with Support from Parliamentarians
Justice Week 2023 was launched with a reception in Parliament attended by the Law Society president, Lubna Shuja, the lord chancellor, the attorney general, and various parliamentarians. The event highlighted the economic value of the legal profession and the importance of improving access to justice.
The lord chancellor expressed his desire to collaborate with the Law Society and the Bar Council to increase opportunities for English and Welsh lawyers globally. He commended the recent Memorandum of Understanding signed with the Bar Council of India and emphasized the importance of legal services in future foreign trade negotiations.
Other parliamentarians in attendance included the solicitor general, the chair of the Justice Select Committee, the justice minister, and the shadow solicitor general. The event provided an opportunity to discuss policy concerns and goals for the legal sector.
Government Amendments to Economic Crime and Corporate Transparency Bill Approved
The Economic Crime and Corporate Transparency Bill saw 75 government amendments agreed upon in the latest stage in the Lords. Peers discussed reforms to Companies House and changes to the Register of Overseas Entities requirements.
The Law Society has been working closely with officials and peers to ensure that the new legislation is practical and does not create unnecessary burdens for solicitors. Non-government amendments focused on reporting changes of ROE in property transactions, disclosing nominee names, and trusts information.
The Bill will have its second day of report on 27 June, where discussions will include a proposed new regulatory objective on economic crime and a government amendment addressing strategic lawsuits against public participation (SLAPPs).
Conservative Peers Express Concerns About Illegal Migration Bill
During the committee stage of the Illegal Migration Bill, several Conservative peers raised concerns about the potential negative impact of the Bill on victims of trafficking and modern slavery. Peers expressed worries about targeting victims rather than traffickers.
Conservative peers, including Baroness Helic, Lord Cormack, and Lord McColl of Dulwich, voiced their dissent and tabled amendments to address their concerns. The Law Society continues to work with peers across the House to propose amendments that will mitigate the potential harm to victims.
Upcoming Legislation and Inquiries
The Law Society will be closely working with MPs and peers on various bills and inquiries, including the Illegal Migration Bill, Retained EU Law Bill, Victims and Prisoners Bill, Economic Crime and Corporate Transparency Bill, National Security Bill, Powers of Attorney Bill, Data Protection and Digital Information (No. 2) Bill, and Levelling Up and Regeneration Bill.
These upcoming legislative activities will be crucial in shaping the legal landscape and ensuring access to justice for all individuals in need of legal representation.
