King's Speech: tackling justice system crisis must be a priority
The Law Society of England and Wales has responded to today’s King’s Speech.
“The new UK government has set out an ambitious legislative plan and we are pleased to see the criminal justice system is on their agenda,” said our president Nick Emmerson.
“We hope the government will work proactively to protect and secure access to justice and make our justice system a source of pride again.”
Crime and justice
“The prisons crisis has illustrated the dire state of our criminal justice system and civil justice is also crying out for investment after decades of underfunding,” said Nick Emmerson.
“Immediate steps that should be taken are a real terms increase in criminal legal aid rates of 15% while wider reform takes place and, for civil legal aid, an immediate £11.3m investment in early advice to sustain the system while the ongoing review takes place.
“We broadly welcome measures intended to improve the criminal justice response to violence against women and girls, deal with knife crime and respond to the criminal exploitation of children.
“However, writing new laws is not a panacea in the absence of adequate funding of all facets of the criminal justice system and timely, expert advice and support.”
Immigration
“Scrapping the Rwanda policy alongside introducing a bill seeking to modernise the immigration and asylum system is a pragmatic and sensible approach to immigration,” said Nick Emmerson.
“This bill should focus on tackling the backlog of asylum applications, including the growing asylum appeals backlog, and ensuring a fair, functioning and properly resourced asylum system including access to immigration legal aid.”
Mental Health
“We are pleased that the new government recognises the need to modernise the Mental Health Act, as the current legislation is outdated,” said Nick Emmerson.
"Under the current system, there is a risk that compulsory detention and treatment is used too often and that patients do not have enough involvement or advocacy support in decisions about their care. New legislation should provide patients with enough agency and choice in their care and treatment, so they are able to challenge their detention. This would give patients the dignity and respect they deserve.”
Renters’ Rights
“We welcome the new government’s commitment to banning ‘no-fault’ evictions,” said Nick Emmerson.
“The abolition of Section 21 is a critical step in strengthening renters’ rights and the new government must act urgently to reform the rental market.
“In the Renters’ Rights Bill, we hope the government will ensure an appropriate balance between tenants’ rights and landlords’ routes to repossession by increasing access to housing legal aid and resourcing the courts so there is capacity to handle the caseload.”
Employment
“A new Employment Rights Bill should contain many positive advances for people’s rights at work and make employment law fit better with the multiple ways businesses wish to work,” said Nick Emmerson.
“It is good that there is a focus on improving dispute resolution and enforcement, though there are still a lot of details to work out to make sure the intentions of the Bill are positive for the labour market.”
Notes to editors
• Find out more about the specific steps we recommend the new government should take here.
About the Law Society
The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.
Press office contact: Nick Mayo | 020 8049 4100