Thursday 23 June 2011

The Legal Aid and Advice Bill 1948

Share | Unfortunately the Ministry of Justice doesn't understand that if you repeat a lie often enough it does not becaome the truth through repetition especially when anyone can read the debats on the Legal Aid bill as it went through Parliament in 1948.


There was no limit on the scope of legal aid in that it applied to all Court work.

The Attorney General said this in the 2nd Reading of the Bill:
"I commend this Bill to the House by saying that it really is an important and useful Bill, which marks, I think, an important step forward in the administration of our law; and a Bill which will, at last, remove the grave reproach that, excellent as our system of law and justice and administration has been in other respects, and admirable as are our courts, they were too often a luxury which was available only to the wealthier sections of the community."
 
Mr Eric Fletcher said this:
"There is no dispute between us in this House about the merits of this Bill. It is cordially welcomed in all parts of the House. It enshrines the principle that the citizen is entitled to legal aid as of right, and not as of charity. It will go a long way to establishing that equality before the law without which there cannot be any real social justice in this country. It has been a crying scandal  that for many years past a great many people, because of their poverty, have been deprived of the opportunity either of getting legal advice or of having access to the courts, and as a result have suffered either in ignorance, or in bitterness, innumerable wrongs and hardships."

We are reminded by Mr Mallingham-Buller:
"It is quite clear that under this Bill legal advice may be obtained in England on any branch of the English law."


Indeed there was reference to it being available to defend a libel action.

Anyone interested in legal aid should read the debate. The Ministry of Justice should read the debate.

Their "back to principles" call, isn't quite what they think it is!!
Legal Aid in Canada (Canadian Studies, Vol 2)Wrongful Death: The AIDS TrialA history of the Harvard Legal Aid BureauEqual Justice: A History of the Legal Aid Society of MilwaukeeThe Lance of Justice; A Semi-Centennial History of the Legal Aid Society, 1876-1926,
The Procurement of Legal Aid in England and Wales by the Legal Services Commission (HC)
Lawyers in Conflict: Australian Lawyers and Legal Aid

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