7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
Select Committee
Justice Committee
HC 520
3 August 2020
Government response
5th Special Report - Coronavirus (Covid 19): The impact on the legal professions in England and Wales: Government Response to the Committee’s Seventh Report · published 19 Oct 2020
Recommendations & Conclusions
16 results
1
Conclusion
Accepted
Para 6
Legal professionals have adapted impressively quickly to working from home and holding and attending hearings...
Conclusion
Legal professionals have adapted impressively quickly to working from home and holding and attending hearings remotely, but this can be difficult. Lord Burnett of Maldon, the Lord Chief Justice, told us that “the quality of the kit matters a great …
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Government Response Summary
The government acknowledged the committee's conclusion, detailing its innovative adaptations including the national rollout of Cloud Video Platform (CVP) and providing guidance for remote hearings. They stated a commitment to continue improving court technology and monitoring the impact of video and audio use, alongside increasing video capacity in prisons.
Ministry of Justice
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2
Recommendation
Not Addressed
Para 12
There have been positive developments in providing online solutions to providing court services, but pending...
Recommendation
There have been positive developments in providing online solutions to providing court services, but pending full roll out of HMCTS’s cloud video platform, we recommend that the Ministry of Justice sets out the steps it is taking to ensure that …
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Government Response Summary
The government's response does not address the recommendation to set out steps for lay parties' access to technology for remote hearings or to review the effectiveness of remote hearings for all participants before further rollout. Instead, it discusses reviews related to legal aid practitioners and diversity within the criminal legal aid profession.
Ministry of Justice
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3
Conclusion
Acknowledged
Para 16
Publicly funded legal services providers were already under stress before coronavirus.
Conclusion
Publicly funded legal services providers were already under stress before coronavirus.
Government Response Summary
The government acknowledges the challenges faced by legal service providers by detailing a range of support measures introduced during the pandemic, including the Self-Employed Income Support Scheme and various loan schemes, and commits to continuing to monitor the legal aid market.
Ministry of Justice
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4
Recommendation
Not Addressed
Para 21
It is important that the legal professions properly represent the society they serve, not least...
Recommendation
It is important that the legal professions properly represent the society they serve, not least because they form a large part of the pool from which the Judiciary is drawn. The MOJ should set out what it will do to …
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Government Response Summary
The government's response discusses its consideration of the Law Society's proposals for Standard Monthly Payments for Legal Aid providers and their reasons for not adopting them, failing to address the recommendation regarding the disproportionate impact of COVID-19 restrictions on BAME and state-educated legal professionals.
Ministry of Justice
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5
Conclusion
Not Addressed
Para 22
Newly qualified barristers face particular pressure.
Conclusion
Newly qualified barristers face particular pressure.
Government Response Summary
The government's response discusses support for Law Centres and not-for-profit providers, including emergency funding and new services, but does not address the observation regarding newly qualified barristers facing particular pressure.
Ministry of Justice
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6
Conclusion
Acknowledged
Para 23
Small high street firms are particularly at risk from the effects of coronavirus restrictions.
Conclusion
Small high street firms are particularly at risk from the effects of coronavirus restrictions.
Government Response Summary
The government implicitly acknowledges the risks to small high street firms by detailing ongoing engagement with legal aid providers, revised guidance, and committing to an independently led review of the criminal legal aid market and broader reviews of civil legal aid to ensure market sustainability.
Ministry of Justice
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7
Conclusion
Accepted
Para 25
Law centres and other not-for-profit legal advice providers are also at great risk.
Conclusion
Law centres and other not-for-profit legal advice providers are also at great risk.
Government Response Summary
The government agreed with the committee's observation, stating it secured £5.4 million in emergency grant funding for not-for-profit legal providers and is working with partners to deliver new national-level services, with a further £2 million to be awarded to smaller organizations this autumn.
Ministry of Justice
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8
Conclusion
Not Addressed
Para 27
The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using...
Conclusion
The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using it to reduce staff costs. We heard that the loan schemes were less helpful, particularly for small high street firms.
Government Response Summary
The government acknowledges that it introduced an unprecedented package of support measures during the pandemic, listing the Self-Employed Income Support Scheme, Coronavirus Job Retention Scheme, Coronavirus Business Interruption Loan Scheme, and Bounce Back Loan Scheme as available to legal practitioners and firms, but does not address the observation about the helpfulness of loan schemes.
Ministry of Justice
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9
Conclusion
Accepted
The Legal Aid Agency has made changes to help the legal professions.
Conclusion
The Legal Aid Agency has made changes to help the legal professions. For example, it has made it easier to claim interim and hardship payments, aligned some fees for remote work with those for in-person work, and halted pursuit of …
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Government Response Summary
The government acknowledged the committee's observation by detailing various measures introduced by the Ministry of Justice and Legal Aid Agency to support legal aid providers during the pandemic, including expanding hardship payments, pausing debt pursuit, suspending sanctions, and injecting up to £51 million into criminal legal aid.
Ministry of Justice
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10
Conclusion
Accepted
The support provided by the Government is welcome, but it cannot compensate for the significant...
Conclusion
The support provided by the Government is welcome, but it cannot compensate for the significant drop-off in the amount of work being done and remove the risk of a collapse in legal services providers. (Paragraph 32) The way ahead
Government Response Summary
The government acknowledged the committee's conclusion by detailing existing financial support measures available to the legal sector, such as SEISS, various loan schemes, and VAT deferral. They defended eligibility criteria for some schemes and committed to continuing to monitor the legal aid market to understand firm responses to COVID-19 and take necessary action.
Ministry of Justice
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11
Conclusion
Acknowledged
Para 34
It is important that the legal professions are in good shape to deal with the...
Conclusion
It is important that the legal professions are in good shape to deal with the increase in demand for legal advice and representation that is on the horizon.
Government Response Summary
The government acknowledges the importance of a resilient legal profession by detailing a range of support measures introduced during the pandemic and committing to continuing to monitor the legal aid market as demand increases, taking necessary action to maintain access to justice.
Ministry of Justice
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12
Recommendation
Not Addressed
Para 37
We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative...
Recommendation
We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative evidence (other than tax returns) for bringing new barristers and returning practitioners within the remit of the Self-Employed Income Support Scheme and that it report …
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Government Response Summary
The government details its existing support measures and the reasons for the Self-Employed Income Support Scheme's eligibility criteria, but it does not commit to considering the Bar Council's proposals for alternative evidence or reporting back on them.
Ministry of Justice
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13
Recommendation
Rejected
Para 38
We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment...
Recommendation
We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment and repayment of monthly payments (to solicitors firms and not-for-profit providers) and that the Ministry of Justice reports back to us on whether it decides …
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Government Response Summary
The government considered the Law Society's proposals for monthly payments but did not adopt them, citing that the Standard Monthly Payment would provide inconsistent and limited support unrelated to overall financial circumstances. They advised providers to discuss individual circumstances with the Legal Aid Agency and stated they will continue to monitor the sector's financial health.
Ministry of Justice
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14
Recommendation
Accepted
Para 39
We recommend that the Ministry of Justice considers further grants for law centres and other...
Recommendation
We recommend that the Ministry of Justice considers further grants for law centres and other not-for-profit legal services providers that are at risk of collapse. The Ministry of Justice should report back to us with its decision and provide its …
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Government Response Summary
The government accepted the recommendation, stating it has already secured £5.4 million in emergency grant funding for not-for-profit legal providers and plans to award a further £2 million to smaller organizations this autumn. They also outlined ongoing work with partners to deliver new national-level services.
Ministry of Justice
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15
Recommendation
Rejected
Para 41
On 23 June, we asked Robert Buckland about business rates relief, and he suggested that...
Recommendation
On 23 June, we asked Robert Buckland about business rates relief, and he suggested that his requests to the Treasury were unlikely to be fulfilled but that he was looking for other imaginative solutions. The Ministry of Justice should consider …
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Government Response Summary
The government explains its rationale for the Self-Employed Income Support Scheme's £50,000 profit threshold and details existing business and employment support packages for legal firms not eligible for business rates relief, implicitly declining to consider new, targeted assistance as recommended.
Ministry of Justice
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16
Recommendation
Accepted
We urge the Ministry of Justice and the Legal Aid Agency to continue to be...
Recommendation
We urge the Ministry of Justice and the Legal Aid Agency to continue to be creative as to how legal aid is administered so that the legal professions are not further damaged by inflexible processes and contractual requirements on top …
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Government Response Summary
The government accepted the recommendation, stating it will continue to work closely with the Legal Aid Agency to ensure a flexible and supportive approach, building on existing measures like bi-monthly meetings, revised guidance, and ongoing engagement with representative bodies. They also noted future reviews, including the next phase of the Criminal Legal Aid Review and assessments of civil legal aid sustainability, to ensure the market meets future demands.
Ministry of Justice
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