Government proposals to cut £350m from the UK's annual legal aid budget threaten to hinder access to justice, according to a House of Lords Committee report issued yesterday (17 November).

The House of Lords Constitution Committee report, issued days before the Legal Aid, Sentencing and Punishment of Offenders Bill is due to enter its second reading in the Lords on Monday (21 November), presents a serious challenge to the bill.

The report states that the extent of the proposed cuts to legal aid – and the manner in which they are to be delivered – raises issues around constitutional principles of access to justice.

It warns of problems in a number of areas, arguing that the bill should be strengthened to improve access to justice. It proposes changing the wording to read that "the Lord Chancellor must secure that legal aid is made available in order to ensure effective access to justice", rather than providing legal aid "within the resources made available".

It also takes issue with the planned abolition of the Legal Services Commission, arguing that the proposed appointment of a new Director of Legal Aid Casework to determine which cases qualify for legal aid is questionable because the role may not be sufficiently independent from Government interference.

Other concerns are based around legal aid for those in police custody, with the proposed bill allowing for means-testing of advice upon arrest. The committee believes this should be amended following a Supreme Court statement that any individual in police custody should be entitled to free legal advice.

Committee chair Baroness Jay said: "It is important Members of the Lords are aware of some of the implications which may threaten the important rights of access to justice and availability of legal advice to people in police custody."

She added: "The report will allow members to consider areas where the bill can be improved and amended in its passage through the Lords, in order to ensure that the best possible legislation emerges onto the statute book."

Commenting on the report Law Society president John Wotton said: "It is unusual for a Lords Committee to express their concerns with such startling clarity. There have been concerns that the Bill is unlikely to deliver the claimed savings but as the Constitutional Affairs Committee makes clear, access to justice is a priceless constitutional right. The Government should take this report to heart and work with stakeholders to improve the Bill so that it does not jeopardise access to justice for all but the most wealthy."

Labour shadow justice minister Lord Willy Bach said: "The Constitution Committee of the House of Lords is highly respected both in the House of Lords and outside. The Government must listen to the Committee's serious criticism of many of their proposals particularly when they affect access to justice. Along with peers from all sides including the crossbenches we will continue to fight these proposals that remove access to justice for fellow citizens who need legal advice."

Young Barristers Committee chair Nichola Higgins added: "[We] hope that this report will encourage a period of mature reflection and proper scrutiny of part one of the Bill which threatens to impede access to justice and raise, rather than reduce, costs."

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