Mackay defends 'generous' legal aid fund system

LORD MACKAY of Clashfern, the Lord Chancellor, yesterday defended the Government's squeeze on legal aid after public criticism from Lord Taylor, the Lord Chief Justice.

The Lord Chancellor also said that a review of the number of judges was under way, which he hoped would satisfy Lord Taylor's other concern over a 'persistent failure to appoint enough High Court judges'.

It has been estimated by lawyers that about 7 million people will no longer qualify for free access to justice and many more will have to make greater contributions towards legal aid costs under new restrictions announced in October.

Lord Taylor, commenting that costs and delays were the 'two blots on our justice system', had said that depriving the system of sufficient funding 'endangers the very framework of our society'.

Delivering the Richard Dimbleby Lecture on BBC television on Monday night, he said: 'If the Rule of Law and citizens' rights are not safeguarded, the result may be not only injustice but even unrest, especially during high unemployment.'

The Lord Chancellor's department maintained that the legal aid system was the 'most generous in the world' and that the effect of the changes were likely to be small.

The review of whether the current figure of 85 High Court judges is sufficient for the workload is expected to be completed at the end of the year. The review group is also looking at the tasks High Court judges are undertaking and what work can be given to others.

Yesterday, Lord Mackay, also on a BBC programme, responding to the criticism of the country's most senior judge, said: 'I think one of the responsibilities that you have to have in government is to listen to constructive criticism. I believe that we have a Lord Chief Justice who is worthy of the utmost respect and I respect his views very much indeed, and I have taken account of them in setting up machinery by which this question can, I hope, be resolved.'