12/05/2013 Sunday Politics West Midlands


12/05/2013

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the rising cost of the law. The government has drawn a radical

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changes to the criminal legal aid system, but has it put a price tag

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Apology for the loss of subtitles for 1865 seconds

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I'm Patrick Burns, and today I'm joined by two MPs whose reputations

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precede them. They're passionate, if not bloody-minded, advocates of

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their constituencies. Tristram Hunt, the Labour MP for Stoke-on-Trent

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Central, Shadow Education Minister, won praise even from the Chancellor

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for his campaign to exempt the ceramics industry from a new energy

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tax. Karen Lumley, the Conservative MP for Redditch, is fighting to keep

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services at the Alexandra Hospital. But what will be the issues they'll

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be fighting over during this new session of Parliament? Among the

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legislative proposals outlined in the Queen's Speech, not one, but two

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bills designed to keep the High-Speed Rail project firmly on

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track. My government will continue to

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invest in infrastructure to deliver jobs and growth for the economy.

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Legislation will be introduced to enable the building of the HS2

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railway line, providing further opportunities for economic growth in

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many of Britain's cities. Karen, your constituents and others may be

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rather puzzled about how it can be that the government you support can

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put a squeeze on local hospital services in places like

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Staffordshire on the one hand, and on the other, put billions towards

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high-speed rail. We need to rebalance the economy, getting jobs

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into the West Midlands. I think HS2 is a brilliant scheme which will do

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that and also open at Birmingham airport as well. It's only 40

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minutes from London to Birmingham, it takes me longer to get to Gatwick

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from London than that. So I think it's a great scheme, I just wish it

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was arriving tomorrow. We deserve economic growth, not just the south

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of England. And you of course are campaigning for Stoke-on-Trent to

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get its own dedicated high-speed rail station. I you not in danger of

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putting your constituency interests ahead of the country as a whole?

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We're fighting very hard for a stop in Stoke. We think it's absolutely

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vital that Staffordshire and North Staffordshire share in the riches of

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a high-speed option. It doesn't mean every single train has to stop in

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Stoke-on-Trent, although they are welcome too. We obviously understand

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the thing about high speed is that it goes fast from centre to centre,

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but it is crazy for a city like Stoke-on-Trent not to share in what

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we hope will be the wealth from it. If we don't get a stop, we fear will

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actually see a diminishing of services on our existing West Coast

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mainline. The business case, we keep hearing, has been managed down and

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down all the time, less bang for your buck. I don't necessarily

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agree. With cross-party agreement, we all agree there should be

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high-speed railway. I think HS2 should come sooner rather than

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later. I do share his concerns that once the train gets to Birmingham,

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does my train service to Redditch get better or worse? But I also

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understand that we need to bring jobs to the Midlands. My people in

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Redditch expect me to do that. there enough Parliamentary time to

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get this through Parliament by 2015, do you think? Well, knowing how

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hopeless this government isn't managing business in Westminster,

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I'm not sure. I hope so. But why do we begin it from Manchester going

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south, rather than South to North? Coming up: The lawyer's lament. As

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the government plans radical changes to the criminal legal aid system, we

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investigate what impact they'd have in the courts, here in our part of

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the country. Is Lady Justice about to become a model of efficiency? Or

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is she just being put up for sale? That's our main discussion point

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coming up a little later. But let's talk first about the

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estimated 16,000 uninsured drivers on the roads in Staffordshire alone.

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They cost every law-abiding motorist an extra �30 a year in their

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insurance premiums. Stoke, Burton-on-Trent and Tamworth are all

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hotspots, so now the county's police commissioner is launching a

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crack-down, as Liz Copper explains. This is the image Staffordshire

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police is hoping will deter the uninsured drivers of the future. The

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penalty of a car crushed, a �200 fine and six points on their

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licence. The force has invested in new technology as part of a

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three-year campaign. Technology works by looking all the time the

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number plates to read and compare the number plate against various

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databases, such as whether the vehicles are stolen or have

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insurance, tax, or whether we believe it is connected to crime.

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Sometimes spotting an uninsured driver can provide the police with

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links to other crimes, like finding the Birmingham gang convicted last

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month of planning to bomb a protest. They were stopped by a traffic

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officer on the motorway - and found with a boot-full of weapons. And if

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it's a success, the hope is the insurance companies might be

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persuaded to pass on the benefits. We will clamp down on insurance

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dodgers, and if that's the case, people in Staffordshire should get

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the results. They should get cheaper premiums and they should get much

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more safer roads. Matthew Ellis says it is obvious policing. The kind the

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public want, with penalties for those who break the law and rewards

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for those who stay within it. That would be one premium I think most

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motorists would welcome. It seems that the Conservative police and

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crime commissioner in Staffordshire is making a positive impact on an

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important subject. Yes, I think this is a good idea. The inspiration

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comes from a policeman in Liverpool who came to London to be head of the

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Met police. The idea was, if you go for uninsured drivers, you tend to

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find a range of other criminal activities surrounding them. So it

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cracks down on crime and it also makes sure the insurance people pass

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on the lower costs to drivers. That's where we have to watch the

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crime commission. If he can to live a lower insurance premiums, that

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will be great. Do you think the penalty is about right? �200, six

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points of the licence? I don't think it's too lenient. The damage you can

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cause to our family in an accident, other peoples property, if you are

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uninsured, it is very to do this. I think �200 is likely on the low

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side. We saw the role of technology in there. There is an answer in

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terms of technology, but is there enough to roll it out to make an

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appreciable difference? He is carrying on an initiative which has

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to be good for every driver on the road. It is irresponsible not to

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have insurance, although I do also say that young people today struggle

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massively to actually afford insurance. I remember buying my son

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his first car, the insurance was three times the cost of the car. So

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we need to look at how insurance companies charge lung -- charge

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young people to drive them. There may be other ways to get young

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people into cars. I'd like to look at other initiatives as well as just

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this one. We have to climb down on this issue of selling on insurance

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details. -- clamp down. There is a great, murky area in the insurance

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legal world which affects children you want to get their first car.

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Talking of grey areas, this is a clear area of zero tolerance

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approach. Do you think that has been quiet tolerance in the past? Maybe

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this is a case where the Commissioner is introducing a new

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toughness to the proceedings? police to monitor this in my area

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quite closely. I think he is come out with a fine and the points. The

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points will be more worrying for younger people, because if you get

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more than six points and you've only had your licence for a short time,

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your licence could be revoked. So actually, it will affect younger

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people more in that way. It's a self-perpetuating problem. If it --

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if an area is known for being a black spot, then it becomes harder

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to get insurance. So the entire community suffers. I was staggered

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at the total cost of this problem. �400 million. It is staggering.

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and wouldn't it be great if we could pass on that reduction to younger

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people. I'm sure when these people are caught, the proportion of young

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people to old people will be significant. There is now clear line

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of accountability. If those rates are lower in three years, we will

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see! What is the collective noun for

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lawyers? There are several: an "eloquence", a "huddle" or even a

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"disputation". There was certainly a disputation here last week over

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Government plans for the criminal legal aid system. It wants lawyers

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to reduce their charges substantially, to help cut the legal

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aid bill of well over �1 billion. Many lawyers believe there's far

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more at stake here than just the money. Our political reporter

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Elizabeth Glinka has been to Birmingham City University's law

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school to cross examine some What price justice? At the moment,

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legal aid for criminal cases costs the taxpayer over a billion pounds a

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year - the government wants that to come down and is consulting on plans

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to restructure the system. Cutting the number of firms allowed to

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represent criminals from 1,600 to 400.

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Instead of choosing your solicitor as you do at the moment, you'd have

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one assigned to you from a government approved list. From a

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firm which has agreed to be paid at least 17.5% less than they charge at

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the moment. Client choice goes out the window. The proposals treat a

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firm's reputation as if it's nothing, whereas in reality, it is

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everything. The incentive is there for the solicitor to do a good job,

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because when they do a good job, they come back, and other clients

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are referred to us. So rich lawyers might be a little less rich - but

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what if you want your day in court like these Birmingham students?

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Well, under the changes, your lawyer will be paid exactly the same

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whether they take your case to trail or advise you to plead guilty.

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obvious fear is they would be putting pressure potentially on the

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clients to plead guilty so they can get on with their next guilty plea,

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and they don't have to waste the time doing a trial. The consultation

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on the plans ends on the 4th of June, and the scheme could be up and

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running as early as next year. Under the changes, there would be a

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maximum of 36 firms awarded contracts across the Midlands. Just

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to put that into some kind of perspective there are currently 55

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practising in Birmingham alone. Which could mean law firms going out

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of business. A worrying trend for the next generation. At the end of

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the day, wherein there is to get a job. Obviously it is about justice

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and all the ideals and everything that comes with it, but if you can't

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put food on the table, what's the point? By saying you should just be

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allowed to cut people's pay, you will get less people wanting to do

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it. If there is no passion in it, you will not get great results.

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Access to justice should be paramount over cuts when people

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really need help. So while the government is sensible to look at

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cuts, to do it as extensively as this in this case is just bizarre.

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The government says fewer firms will mean better value for the taxpayer -

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the lawyers fear the quality of justice will suffer.

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"Access to justice is paramount," said one of those students. But at

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what cost to the public purse? Elizabeth Glinka reporting.

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We're also joined by Professor Andrew Sanders, Head of the

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University of Birmingham Law School, one of the co-signatories of a

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recent letter to The Times setting out serious misgivings about the

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Government's proposals. Could you briefly summarise what business

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givings are? We're very worried about the fact that these proposals

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eliminate choice for suspects and defendants in criminal cases. They

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reduced the number of firms that will be able to offer these legal

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services. Our concern isn't directly with the price that lawyers charge,

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our concern is that the costs will increase pressure to reduce the

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quality of service that they give to clients. But the taxpayer has an

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interest in the price of this. Over �1 billion stash is there not a case

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for bringing a bit of market business efficiency into the

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proceedings? There is a case for bringing more efficiency if the

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business is proven to be inefficient. I read the consultation

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paper and I don't see any evidence of inefficiency at the moment. Even

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at the moment, there are pressures on lawyers to get clients to plead

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ill -- plead guilty when it is not always in their interests.

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really saying someone will fill pressured to plead guilty when they

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are quite credibly not guilty? is clear evidence from research that

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this sometimes happens. I'm not saying it happens a lot, and

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sometimes it is not always clear whether someone is guilty or not.

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Defendants in many cases need very, very good advice from lawyers who

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are prepared to put the working to ascertaining whether or not are

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guilty. Under these new proposals, if a client is not convinced their

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lawyer is doing that work, they will not be able to change their lawyer.

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Karen, there is the case for the prosecution. For the defence now,

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how do you plead in terms of the accusations against the government?

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You are converting some of the finest principles of justice in this

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country and selling them cheap. don't accept that. We spend over �1

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billion worth of taxpayers money on this service and I think we are in

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very difficult times. But what price the denigration of Justice? It is

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not about that, it's about getting the best value for the taxpayer. I

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don't see anything wrong with going to competitive tender. We do that in

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other areas. We all agree that a lot of money is spent and it goes to

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lawyers. It doesn't go to the victims of the crimes. When people

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need a good lawyer, they should get one. But we have to look at how this

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money is spent. 11,000 prison cases get legal aid. Is that right? Should

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there be a legal aid system in prisons for complaints? That is one

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part of that. I think we need to save some money and put some victims

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first to make sure they get a fair deal when they get to court. I got

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parliament was absolutely stuffed with lawyers, so what do you make of

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this breakdown? Well, I'm not a lawyer! Proper representation was

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part of the welfare settlement in the post-war years and it is a vital

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part of British justice. The concern is the plurality of provision, the

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civil Society of the legal system, is under threat from this. We see

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this from a government which likes to give contracts to big countries

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-- companies which then always deliver. We've seen that with the

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work programme, which concerned about the rehabilitation programme.

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Are you actually going to get the savings? The evidence seems to me

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unclear at the moment. So we will look at this consultation very, very

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closely. But is actually going to deliver savings while justice?

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is the evidence that there is any inefficiency at the moment?

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money we are spending cannot carry on in that way. Then raise the money

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from other sources. What other sources? Well, higher rate

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taxpayers. That every thousand pounds a high tax here gives, they

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get �2000 in tax breaks. I've been holding back on one further

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collective noun for lawyers. It is greed! Would you not accept that

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lawyers are fairly low down in the pecking order of public sympathy in

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terms of raising concerns on behalf of law firms? Well, I'm not a

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lawyer, I'm illegal person. I care that suspects and defendants get

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justice. You referred to victims, many of the suspects are victims

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themselves because they are not guilty and they are found not

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guilty. So to put defendants on the other side from victims is to make a

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huge error. We are innocent until proven guilty and suspects need a

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good service. Is this in practice really just the start of a

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negotiation? Saying, here is a big stick, we will hit you with this if

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you don't lower your charges. is about getting value for the

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taxpayer from solicitors. We are in a difficult financial situation and

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we need to be as efficient as possible. But there are fundamental

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principles about access to justice and also the civil society. Thank

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you all very much, in particular you Andrew for being here with us today.

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Now for our regular round-up of the political week in the Midlands in 60

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seconds, brought to us this week by BBC Coventry and Warwickshire's

:52:18.:52:25.

Sandwell College is in talks about taking over the Public Arts Centre

:52:25.:52:28.

in West Bromwich and turning it into a sixth form college. The building

:52:28.:52:33.

cost �72 million but had increased visitor numbers this year.

:52:33.:52:36.

When is a town centre not a town centre? Nuneaton's traders fear it

:52:36.:52:41.

is when no one comes to shop. They want more help to drive up business.

:52:41.:52:45.

But all hail the Jaguar F type, as the first ones destined for export

:52:45.:52:47.

rolled off the new production line at Castle Bromwich. It's already

:52:47.:52:52.

provided work for more than 50 West Midlands firms.

:52:52.:52:56.

And foreign money is continuing to flow into Birmingham. Figures show

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investment from abroad has risen by more than half in the past year.

:53:00.:53:10.

And the city also has a new car sharing scheme. Clearly, we have a

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good manufacturing base. But were also seeing investment for digital

:53:13.:53:20.

Drivers rent the vehicles by the minute. There are 250 across

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Birmingham which can be left in central council parking spaces for

:53:23.:53:33.
:53:33.:53:37.

nothing. Let's hear from the transport select committee. Do you

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think they will catch on? They did in London as well, you run them for

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an hour or something. I think it's a really good idea for moving around

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the city and not having to pay all these insurance premiums that we've

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been talking about! Birmingham is the second city to doing this. Do

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you think Stoke will be on the list? It's easier to find your way around

:54:02.:54:06.

Stoke than Birmingham. The trouble with Birmingham is on the cars, it's

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the roadworks. So you might take one of these cars but whether you're

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then able to deposit it at the end! We've got lots of roundabouts in

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Redditch! It does raise of course the serious pressure congestion puts

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on our economy. We have to think of ways to get around it. I took the

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tram today and I understand it's going to be extended. I think that's

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brilliant. And the new station in Birmingham is making it more easier

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for people to access Birmingham. That has to be good news for all of

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us. The other point is it is energy efficient. We need to wean ourselves

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as a nation away from fossil fuels. Also, what we must be clear about is

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this infrastructure and investment in transport provides the

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apprenticeships we need. My thanks to Karen and Tristram.

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Next week we'll be joined by Chris Kelly, the Conservative MP for

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Dudley South. And for Labour, by the former Shropshire MP Bruce, now

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Lord, Grocott. And Shropshire's Council Leader Keith Barrow will be

:55:15.:55:17.

taking questions in BBC Radio Shropshire's hot seat from ten

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o'clock on Wednesday morning, including, no doubt, how his

:55:20.:55:22.

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