Christian leaders today called upon political parties to review recent changes and cuts to legal aid, expressing concern that the current situation risks a division in England and Wales between “those who can afford to buy justice and those who cannot.”
The Christian leaders write in a foreword to a new report entitled “Speaking Up”, from the religion and society think tank Theos. This warns that because these changes have resulted in legal aid being available in a much reduced category of cases, the rights of the most vulnerable in society are at risk of being affected – and it is the moral duty of Christians to speak out.
The foreword is signed by the Right Reverend James Langstaff, Bishop of Rochester and Church of England’s Bishop for Prisons; Right Reverend Richard Moth the Catholic Bishop of the Forces; and representatives from the Evangelical Alliance, National Churches Leaders Forum, Salvation Army, and Baptist, Methodist and United Reformed Churches.
The changes to civil legal aid as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) have resulted in legal aid now being available in much restricted areas of law. The Government's own impact assessment estimated that over 600,000 individual matters each year would not qualify for assistance once LASPO came into force (1st April 2013).
The report, co-authored by Andrew Caplen (the President of the Law Society of England and Wales) and the theologian and barrister David McIlroy, suggests that sections of the Christian community have often focused primarily upon legal cases involving Christians (such as the right to wear crosses at work) rather than speaking up for the rights and liberties of others.
“The time has surely come for British Christians to take action in two ways,” the report’s authors write. First, Christians must continually remind government that it has a “fundamental responsibility” to secure justice for all. Secondly, Christian organisations – and individual Christians themselves – urgently need to consider ways that they themselves can provide such help if the government is unwilling or unable to discharge this responsibility.
The report points to the successes of such projects as Christians Against Poverty which helps with debt problems, the St James’s Church Legal Advice Centre in north London, and the Salvation Army’s housing legal advice centre in Essex. It urges churches to set up legal advice networks and encourage members to volunteer at Citizens’ Advice Bureaux or local law centres.
Report co-author Andrew Caplen said: “We are genuinely concerned that the changes and cuts to legal aid are affecting a substantial number of those needing legal advice. This year we celebrate the 800th anniversary of Magna Carta and the creation of the rule of law, yet without full and fair access to justice the rule of law is just a concept, an ideal.”
Co-author David McIlroy commented: “The Bible is not only preoccupied by justice, but also by access to justice. It places a repeated emphasis on advocacy, on ‘speaking up’ for those who, for whatever reason, cannot speak for themselves. We need to hear this message afresh today.”
Bishop James Langstaff commented: “The principle of ready and effective access to the means of justice is deeply rooted in the Judaeo-Christian tradition, which itself undergirds our national judicial system. This report is a timely reminder of how foundational this principle is to our common life; to lose it is to imperil the well-being of our society, and goes against the biblical duty to give a voice to the vulnerable.”
Notes for Editors:
1. General press enquiries on the report should be directed to Glenda Cooper press@theosthinktank.co.uk or 07736481017. For comment and interviews with Andrew Caplen, please contact: 07817332361. For comment and interviews with the Bishop of Rochester please contact Lindy Mackenzie on 01634560000.
2. The full report can be accessed at
3. Government’s Impact Assessment of Cumulative Legal Aid Reform Proposals can be found at
http://webarchive.nationalarchives.gov.uk/20111121205348/http:/www.justice.gov.uk/downloads/consultations/cumulative-consulation-response-ia.pdf (copy and paste link)
4. Christians Against Poverty can be found at capuk.org/; St James’s Church Legal Advice Centre can be found at http://st-james.org.uk/legal-advice-debt-management.php
5. Theos is a religion and society think tank which offers research and commentary on issues of faith and belief. It was launched in November 2006 with the support of the Archbishop of Canterbury, Dr Rowan Williams, and the former Cardinal Archbishop of Westminster, Cardinal Cormac Murphy-O'Connor. For further information about Theos, visit https://www.theosthinktank.co.uk/
