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Questions > Legal Aid Reform

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From the house of Commons Hansard 9th May 2007

Legal Aid Reform

Mr. Sadiq Khan (Tooting) (Lab): I congratulate my hon. Friend on securing this important debate. Does she accept that one reason why there are solicitors’ firms and barristers’ chambers that are predominantly made up of ethnic minorities is that such minorities have difficulties in securing employment and tenancy in the mainstream chambers or solicitors’ firms? The legal aid reforms could well have the impact of making us lose those ethnic minority solicitors and barristers from the profession altogether.

Ms Abbott: I am grateful to my hon. Friend for making that important point. It is sad that such people have been forced into setting up their own firms and sets because of—I shall not mince my words—institutional racism among some of the mainstream of the legal profession. It would appear that there is now a serious risk that many BME lawyers will be forced out of business. Many may end up leaving the legal profession altogether.

Why do the reforms impact more severely on black and minority ethnic firms? It is not because the Government deliberately want that to happen; I would not begin to suggest that. However, many aspects of the reforms are a problem for such firms. The minimum contract threshold will affect smaller firms and automatically put many BME firms out of the legal aid business. There is the issue of competitive tendering; in any competitive tendering situation, the bigger the organisation, the better the economies of scale. That mitigates against BME firms. The boundary areas, which mean that only 20 per cent. of legal aid cases can be taken outside a firm’s local area, will be difficult for BME firms. There is the fact that high-cost cases will be dealt with only by a panel of approved firms, which will tend to be the larger and more established ones. Unless the Government stop and think, black and minority ethnic solicitors will be more likely to lose their jobs, more likely to leave or change companies and more likely to leave the legal profession altogether. By the bye, there will also be a smaller pool of black and minority ethnic lawyers from which to choose judges.

 

 

 

 

 

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