Lord Carter's Review of the Procurement of Publicly-funded Criminal Defence Services
On the 5th July 2005 an independent review, led by Lord Carter of Coles was set up to consider the means by which to deliver the Government’s vision, set out in the DCA's consultation document A Fairer Deal for Legal Aid, for procuring publicly funded legal services, particularly criminal defence services (click here for details). The findings of the review will be presented as a plan for delivering a procurement system that "achieves maximum value for money and control over spending whilst ensuring quality and the fairness of the justice system".
On the 26th December 2005 the Association submitted its response to the DCA's paper, formalising our representations made Directly to Lord Carter, and later, on 9th February 2006, Lord Carter published his interim report on his proposals. The LCCSA prepared its interim response, highlighting its principal concerns that the application of market-based reform (particularly price competition amongst suppliers) will undermine the core values of our independent criminal defence system, and asking the fundamental questions: -
The final report to Lord Carter’s Review was published on the 13th July 2006, and the Legal Services Commission initiated a formal consultation on his proposed reforms the same day. On the 26th July 2006 the Constiutional Affairs Committee launched its inquiry in to the implementation of Lord Carter's proposals.
In conjunction with the Law Society, CLSA and LAPG, the LCCSA launched an online survey for firms to test the impact of the proposed reforms on the 4th September 2006 (the results of which can be found here). We submitted our representations to the Select Committee on the 4th October 2006, and our formal response to the Legal Services Commission's consultation on the 12th October 2006.
"The Way Forward"
On the 28th November 2006 the Legal Services Commission and its sponsoring government department, the Department for Constitutional Affairs published the results of their consultation, and simultaneously announced its programme of reforms for legal aid, which they claim are "aimed at ensuring the system remains sustainable for the future" (click here to read the response of the LCCSA). The Association believes that a budget that is to be cut from levels that are already not viable will further endanger the supplier base, and, if we are proved to be correct, these reforms may threaten universal access to justice.
There has not been unity in the profession regarding the modernisation of Legal Aid and the Carter proposals. The Government presses on, even advancing the PCT start date. We have been very concerned about the disastrous impact of cost cutting in London in particular. London has a higher than national average costs per case because there are particular features of London and the cost are not supplier driven.
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Constitutional Affairs Committee launches inquiry into the implementation of the Carter Review - July 26, 2006 Source: Constitutional Affairs Committee
The Committee has decided to carry out an inquiry into implementation of the Review by Lord Carter of Coles which considered the means for delivering the Government’s vision, set out in A Fairer Deal for Legal Aid, for procuring publicly funded legal services, particularly criminal defence services.
The proposals for different means of procurement have proved controversial and the Committee will consider their likely impact on the criminal justice system. They include making lawyers bid for contracts to undertake certain work (for example advising clients at police stations) and paying fixed fees.
Concerns have been expressed that the proposed reforms may have an adverse effect on the provision of legal services, since smaller firms are unlikely to be awarded contracts. This is expected to have a disproportionate effect on rural firms and firms owned by ethnic minority practitioners. Moreover, it is also possible that the quality of provision could suffer since lawyers would be encouraged to spend less time on cases if they were only receiving fixed fees. The inquiry’s terms of reference are:
The Committee will be receiving copies of responses to the Department for Constitutional Affairs/ Legal Services Commission consultation, however, evidence will be sought to cover:
Call for evidence:Submissions relating to the terms of reference and specific questions above are invited from relevant interested parties. These should be sent to the Clerk of the Committee at the address above by
Submissions, which should be as brief as possible, and certainly no more than 3,000 words, should consist of:
Further guidance is available at www.parliament.uk/parliamentary_committees/witness.cfm Notes:
Further Information:Media Enquiries: Jessica Bridges Palmer 020 7219 0724 email: bridgespalmerj@parliament.uk Specific Committee Information: Tel 020 7219 8196/ 8198, email: conaffcom@parliament.uk Committee Website: www.parliament.uk/conaffcom Watch committees and parliamentary debates online: www.parliamentlive.tv Select Committee Calendar: http://www.parliament.uk/what_s_on/hoc_news3.cfm Publications / Reports / Reference Material: Copies of all select committee reports are available from the Parliamentary
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