Commons Sense

House of Commons · Ministers' Questions

Criminal Barristers: Return to Work

Tuesday 18 October 2022 · 6 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 2 Partly answered 1 Not answered 0

Key points

  • The system has seen additional investment including an uplift on new cases coming into force by 31 October 2022, further funding for case preparation and pre-recorded cross-examinations, a substantial youth court fee increase, and 1.2 billion more criminal aid spend per year.
  • A further 135 million per year will be invested in criminal legal aid by the end of November, following publication of the Criminal Legal Aid Independent Review.
  • The 9% fee increase for solicitors does not reflect other investments, such as substantial youth court investments. Further responses to the Criminal Legal Aid Independent Review report will be made at the end of November.

Topics (select to filter)

Questions & Answers

Q1 Duncan Baker
Justice & Courts Employment
Context

The Criminal Bar Association ended a strike over funding issues.

Question

What recent steps has the Department taken to help support criminal barristers return to work? This includes additional investment and engagement with the Criminal Bar Association leading to the end of a strike. The questioner seeks details on uplifts for new cases, case preparation work, pre-recorded cross-examinations, youth court fees, and plans for future funding.

Answer from Brandon Lewis

The system has seen additional investment including an uplift on new cases coming into force by 31 October 2022, further funding for case preparation and pre-recorded cross-examinations, a substantial youth court fee increase, and £1.2 billion more criminal aid spend per year. Plans include responses to the Criminal Legal Aid Independent Review.

Answered
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Q2 Duncan Baker
Justice & Courts
Context

Following the end of a strike by barristers, there is ongoing concern about future funding levels.

Question

Can the Department commit to further investment in criminal legal aid beyond the current uplift for barristers? The questioner requests assurances on continued support and adequate funding for the future of criminal legal aid.

Answer from Brandon Lewis

A further £135 million per year will be invested in criminal legal aid by the end of November, following publication of the Criminal Legal Aid Independent Review. This is the biggest increase in decades.

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Q3 Valerie Vaz Lab Walsall and Bloxwich
Justice & Courts
Context

Solicitors have received only a 9% increase in fees, prompting concerns from the Law Society about undertaking further work.

Question

Why did solicitors receive a 9% fee increase and how will this impact their willingness to undertake criminal defence work? The questioner wants clarification on the adequacy of the funding for solicitors and if more investment is needed.

Answer from Brandon Lewis

The 9% increase does not reflect other investments, such as substantial youth court investments. Further responses to the Criminal Legal Aid Independent Review report will be made at the end of November.

Partly answered

Not addressed: The inadequacy of the 9% fee increase for solicitors and its impact on willingness to undertake criminal defence work

How: Not Addressing The Adequacy Of The Funding

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Q4 Alex Chalk Con
Justice & Courts
Context

The Secretary of State's intervention to end a dispute was seen as decisive and constructive.

Question

I warmly commend the Secretary of State for ending the dispute; it is important that all parts of the criminal justice system are properly remunerated. The questioner echoes points made previously, emphasizing the importance of proper compensation for solicitors.

Answer from Brandon Lewis

My hon. Friend is correct; the criminal justice system works best when all parts function fluidly and effectively for clients' benefit. The Government will respond more fully to the Criminal Legal Aid Independent Review report, considering wider investments for the whole profession.

Not addressed: The specifics of solicitors' remuneration and compensation levels

How: Changing Subject

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Q5 Andrew Slaughter Lab Hammersmith and Chiswick
Justice & Courts
Context

The Justice Minister in the other place stated that solicitors face a more parlous situation than barristers with their 9% fee increase.

Question

Given the Justice Minister's comments about solicitors facing a parlous situation, when will the Secretary of State look at properly addressing solicitors' fees, which are below inflation after a 25-year pay freeze?

Answer from Brandon Lewis

The hon. Gentleman should refer to the remarks I have made already regarding the matter.

Not addressed: Addressing the specifics of solicitors' fees and the timeline for review

How: Referring To Previous Statements

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Q6 Afzal Khan Lab Manchester Rusholme
Justice & Courts Standards & Ethics
Context

Sir Christopher Bellamy's review recommended a 15% increase to sustain the criminal legal aid system, but the Government's proposal is only for 9%. The Law Society warns of a collapse in justice without equal funding.

Question

Will the Lord Chancellor adjust his proposals to meet Sir Christopher Bellamy's recommendations and ensure all parts of the criminal justice system are equally funded?

Answer from Brandon Lewis

The hon. Gentleman should look at the wider package for the entire criminal justice system, which includes substantial benefits for solicitors.

Not addressed: Adjusting proposals to meet Sir Christopher Bellamy's recommendations

How: Changing Subject

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