Straw announces new vision for legal aid delivery
03 March 2010
The Ministry of Justice has today announced new plans for the future delivery of legal aid.
The new plans will ensure the budget is delivering best value for money and, most importantly, that the most vulnerable people in society continue to get the legal help they need.
Responding to Sir Ian Magee’s review into the delivery of legal aid, the government has decided to move the Legal Services Commission to an executive agency of the Ministry of Justice.
The change in status will see a new and stronger relationship between the Ministry of Justice and the Legal Services Commission and tighter financial control over the £2.1 billion budget.
The review, announced in October 2009, was commissioned by ministers to ensure the legal aid budget is delivering value for money, providing a healthy and sustainable future for social welfare advice as well as considering how best to position and protect the civil fund from the criminal fund.
Justice Secretary Jack Straw said:
‘At £2.1 billion a year, the legal aid budget is a significant amount designed to help people when they are at their most vulnerable. It is 10 years since the Legal Services Commission was established and in that time there have been considerable changes in the type of legal advice and services that the public needs. It is now the right time to make some meaningful changes that will help us protect and sustain the world-class legal aid service that we are so proud to deliver to England and Wales.
‘We have considered very carefully the recommendations made by Sir Ian and are confident that this new relationship between the Legal Services Commission and the Ministry of Justice will greatly assist in the overall delivery of legal aid and the streamlining of accountability.’
‘The UK has one of the most generous legal aid schemes in the world and the government is committed to ensuring legal aid is managed effectively so that more people are able to access it to resolve their legal problems. In the current climate, it is even more important that this public money is managed efficiently and effectively.’
Sir Ian makes a number of recommendations to strengthen and improve the legal aid system and his report includes the option of moving the Legal Services Commission to an executive agency.
The government believes that this is the best option for the delivery of legal aid and has announced that a Bill will be brought forward as soon as Parliamentary time allows. Over the coming weeks, Ministers’ will consider how Sir Ian’s recommendations can best be taken forward in parallel with the move to agency status.
The change in agency status also allows the Ministry of Justice to help control and address some of the financial problems that have been noted over the past year. It also presents an opportunity for the government to consider Sir Ian’s other options for restructuring legal aid delivery, including through devolving budgets, to prevent the criminal legal aid budget from eating into the civil fund.
Sir Ian Magee said:
‘The Legal Services Commission was given wide but largely undefined powers when it was set up ten years ago. There have been several policy reviews since then, but none that have looked at the delivery arrangements. Much has changed over those ten years. There are new approaches to governance and to the important links between government departments, delivery organisations, and the relationships between them, which need to be characterised by trust, clarity about respective responsibilities, and shared objectives, in the interests of the clients they serve.
‘My recommendations, based on widespread consultation and detailed analysis, are intended to offer Ministers a menu from which they can fashion effective arrangements for delivering legal aid suited to the years ahead.’
Alongside today’s publication, the Chief Executive of the Legal Services Commission, Carolyn Regan, has announced her resignation to allow for new leadership during a time of change for the organisation. Carolyn Regan has served as the Chief Executive of the LSC for 3½ years.
Carolyn Downs has been appointed as interim Chief Executive of the Legal Services Commission. Carolyn Downs brings with her experience of the Ministry of Justice and an understanding of the challenges of leading organisations through significant change.
Notes to editors
- Media enquiries: contact Ministry of Justice press office on 020 3334 3536
- Sir Ian Magee CB: Until 2005, Ian Magee was Second Permanent Secretary at the Department for Constitutional Affairs and Head of Profession for Operational Delivery for the whole Civil Service. He has been a CEO of three difference Executive Agencies. Sir Ian was a member of the Capability Review team for the Cabinet Office. Sir Ian is a Senior Fellow of the Institute for Government, a senior advisor to Booz and Company, and a non-executive Director of the Live Group plc. Sir Ian conducted a review of criminality information for the Home Secretary, published in July 2008. He has a special interest in public sector leadership, is a Companion of the Chartered Management Institute, and a Fellow of Sunningdale Institute.
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