Bar Council Welcomes Government's Decision to Create New Executive Agency to Administer Legal Aid

The Bar Council has welcomed the Ministry of Justice’s decision announced today to create a new executive agency to replace the Legal Services Commission (LSC) to administer legal aid. The Government’s announcement follows the publication of the Review of Legal Aid Delivery and Governance by Sir Ian Magee, which had been commissioned by the Ministry of Justice (MoJ), and a highly critical report of the Public Accounts Committee published in February (9^th Report, HC 322) which accepted the findings of a review of the procurement of criminal legal aid by the National Audit Office in 2009.

Commenting on the Government’s decision, Chairman of the Bar, Nicholas Green QC said:

‘We welcome the publication of Sir Ian Magee’s report and the decision to move the Legal Services Commission to executive agency status in order to focus on the delivery of legal aid. Sir Ian’s report is thoughtful and well argued. As Sir Ian recognises, there has been a lack of clarity about who is calling the shots over policy. He identifies a number of serious issues which we will need to consider further. The case for separating the roles of administration of the legal aid funds from policy formulation, and clarifying the relationship between the MoJ and the LSC in organisational and governance terms, is a strong one which will undoubtedly help to rebuild more constructive relationships with the supplier base and stakeholders.’

He added:

‘At a time of enormous pressure on public expenditure, it is essential that the LSC focuses on effective delivery of legal aid which demonstrates value for money to the taxpayer but also at the same time ensures access to justice for those who need it most. We shall look forward to beginning early discussions with MoJ officials to explore how the Bar could help the Ministry take forward the Magee recommendations for change. We shall also look forward to working with Carolyn Downs as interim Chief Executive of the Legal Services Commission.’

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2.      The General Council of the Bar is the Approved Regulator of the Bar of England and Wales. It discharges its regulatory functions through the independent Bar Standards Board. It represents the Bar by:

·         Promoting the specialist advocacy and advisory services of barristers;

·         Ensuring access to justice on terms that are fair both to the public and practitioners;

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·         Working for the efficient and cost-effective administration of justice;

·         Encouraging access to, and diversity within, the profession so that it is open to all people of ability whatever their background; and

·         Strengthening and developing the work and the values of the Bar at home and abroad.