Update for Liverpool Law Society from Beth Quinn, Key Account Manager – the Law Society
ACCESS TO JUSTICE/RULE OF LAW
Bill of Rights
The Bill of Rights Bill is likely to come back to parliament now that its champion Dominic Raab has returned to the position of Justice Secretary under new PM Rishi Sunak.
The erosion of accountability trumpeted by the Bill of Rights Bill signals a deepening of the government’s disregard for the checks and balances that underpin the rule of law. The bill would create an acceptable class of human rights abuses in the United Kingdom by introducing a bar on claims deemed not to cause ‘significant disadvantage’. Authorities could therefore begin to consider some rights violations as acceptable as they could no longer be challenged under the Bill of Rights, despite being against the law.
We believe that the bill would be a huge step backwards for British justice and would grant the state greater unfettered power over the people; power which would then belong to all future governments, whatever their ideologies.
We are concerned with the disregard being shown for the rule of law and the impact this will have both domestically and internationally. There are serious risks that could negatively impact Britain’s reputation with trade partners, businesses and in the international arena.
>More information on the Law Society’s work on the Bill of Rights can be viewed here
Rwanda removals deal
With the return of Suella Braverman to the Home Office and judgement due on the legal challenge to the Rwanda deal, this issue is back in the spotlight and rhetoric is once again ramping up.
Skills Minister Andrea Jenkyns recently referred to immigration lawyers as ‘anti-British’ – the Law Society have stated that it is deeply irresponsible for a government minister to use inflammatory language to describe lawyers who are doing their job to ensure justice for all; and immigration lawyers who ensure British laws are upheld in British courts are protecting British values.
SCCO delays
We’ve had feedback about ongoing, serious delays with the SCCO turnaround time for CoP bills – with many saying it’s the worst they have ever been. We have made this very clear to HMCTS and continue to highlight the impact this is having on law firm cash flow which, in some instances, is resulting in firms being forced to no longer undertake CoP work.
HMCTS has acknowledged that there’s a shortage of staff and have said that they are in the process of recruiting more to address some of the issues, but they’ve stated that they have no control over the delays – we’ve asked for them to direct us to who has responsibility for this part of the system.
DIVERSITY & INCLUSION
Annual statistics: Mental Health Act
Annual statistics on the Mental Health Act have revealed that Black British people are still disproportionately affected in terms of detention and treatment compared to white people.
The stats show why reforming the Mental Health Act must be a priority for the government. The current system means there is a risk that compulsory detention and treatment is used too often and that patients don’t have enough involvement in decisions about their care.
Detention rates for Black British people were over four times those of white people, while Community Treatment Orders (CTOs) –which require a person to receive supervised treatment in the community – were used for Black British people at 11 times the rate of white people.
The Law Society has called for the government to ensure that people subject to a CTO still receive an automatic referral to the Mental Health Tribunal if they are recalled to hospital and kept there for treatment.
We will continue to monitor the progress of the Draft Mental Health Bill and will work to ensure that this vital legislation enables patients to have a greater say in their care and ensures access to justice by enabling people to challenge inappropriate treatments.
>Find out more and read the NHS’ Mental Health Act Statistics (Annual Figures 2021-22)
Research: Judiciary will be fully representative in 120 years
We have conducted some new research that has found it will take more than 120 years before women, Black and Asian people are properly represented within the judiciary if things continue the way they are.
- Black judges currently make up just 1.09% of the judiciary, compared to 1.02% in 2014. At that rate, it would take until 2149 for the proportion of the judiciary who are Black to match current estimates for the general population (3.5%)
- Asian judges make up 4.79% of the judiciary. Up 2.53% compared to 2014. If this rate continues, it is estimated it would be 2033 before the percentage of Asian judges would match the general population (8%)
- Women make up around a third of judges. Current trends predict it will be another decade before half of the judiciary are women
The Law Society has stated that the country needs a judiciary that is truly reflective of our diverse society and has urged the government to address the structural barriers that are holding back talented candidates.
>Read the research in full and see our press release