Two-tier contracts delayed

Jan 05, 2016

Written By Jack J Collins, Editor, AllAboutLaw.co.uk

The Government has delayed the implementation of the new two-tier contract scheme until April, it has emerged, because of a legal challenge by some of the contractors who were unsuccessful in the bidding process.

The Government remains committed to implementing the scheme in April, as it feels that the new dual contract model is the best way to deliver high-quality criminal legal aid across the UK. 519 of 520 successful bidding firms have indicated they will be accepting the contracts.

The delay has occurred because of automatic injunctions put in place by the challenges of the other firms, which would create gaps in provision offered by firms. This is because of the ongoing litigation of the legal challenge.

However, the Bar Council welcomes the delay and continues to oppose the changes being implemented to the contract. Alistair MacDonald QC, who is Chairman of the Bar, stated that: “The Bar Council has always opposed the two-tier scheme and has consistently asked the Ministry of Justice and the Legal Aid Agency to re-consider these plans. We therefore welcome today’s decision to postpone the implementation of the scheme in the light of the legal challenges which have been brought.

“The Bar Council continues to have serious concerns about the effects of dual contracting on solicitor colleagues. We believe that these measures are likely seriously to damage access to justice and the provision of high quality advocacy services in England and Wales.”

The Council has promised to submit a full response to the consultation paper, and will advocate the introduction of a panel system for defence advocates, as well as bringing forward a replacement scheme for the new contracts.

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