Collins' back-track only the first step

Justice Minister Judith Collins' back-track on some of National's harshest proposals to cut back on legal aid availability is to be commended, but there are still outstanding issues that point to a justice system in crisis, Labour’s Justice spokesperson Charles Chauvel says.

"The Orwellian title of the Legal Assistance (Sustainability) Bill hid a number of cuts to legal aid that were just never going to fly, including limiting access to legal aid for those facing less serious charges such as theft or careless driving to those earning less than $22,000 and a $100 user-pays charge for civil and family cases.

“It is good that Judith Collins has finally bowed to pressure from judges, lawyers, and other users of the court system to modify the worst of the proposals.

"But many problems with access for ordinary Kiwis to the justice system remain unaddressed by today's announcement. To avoid a looming crisis in the system, National must deal with the following:

• The effect of fixed fees, being introduced across the legal aid system. These are fees for services that are set much lower than the actual cost of carrying out the service.
• Problems with processing payments to the lawyers of legal aid clients. In one area - treaty work - this has already reached crisis point, and reports of unpaid invoices six months old are not uncommon.
• Community Law Centres still have no on-going certainty about their future resourcing.
• Delays in getting trial dates. The current backlog of some 900 jury trials in the Auckland and Manukau courts can mean a two year wait for a trail. That puts victims and others in an intolerable position, and is being made worse by the refusal to appoint new judges, or to give retired judges acting warrants in order to help provide cover for sitting judges who are required to perform other duties such as Parole Board work.

"More congratulations from the sector are unlikely until Judith Collins deals with those issues and ensures the right to a speedy trial, with quality legal representation, for the ordinary New Zealander", Charles Chauvel said.