The Government was elected on a radical agenda to modernise this country. All its institutions and services are liable to scrutiny, and those that are out-of-date, inefficient, or unaccountable to the people, will not survive unchanged. Nothing is ruled out: from the constitution to the economy, from the Houses of Parliament to the courts, fundamental reforms are underway. Change will be made whenever this will strengthen the social fabric, and promote a fairer, more decent, and more inclusive society. This White Paper describes our plans for modernising the justice system in England and Wales.
People need to have ways to uphold their rights and defend their interests in their dealings with others, including employers, retailers, service providers and the State. It is not enough for people to have rights; they must be confident they can enforce those rights if need be. This was the purpose behind the Human Rights Act 1998, which enables citizens to enforce their fundamental rights through the British courts. It is also the reason for the reforms of legal aid and civil justice described in this White Paper.
The more people are helped to become citizens with a stake in society, the less society has to fear from one of the worst effects, and causes, of social exclusion: crime. The Government will shortly publish a long-term strategy for tackling crime and its causes. This White Paper explains the part that reform of the courts and legal aid will play in modernising the criminal justice system, so that it is better able to protect law-abiding people from the effects of crime, while ensuring that defendants are dealt with swiftly, but fairly.
A fair and efficient system of justice, operating in the interests of the people who use it and the wider public, is a vital part of a civilised, modern, inclusive society. People should have ready access to information about their legal rights. And they should be able, if necessary, to resolve disputes and enforce those rights through the civil courts, at a cost that is predictable and proportionate to the issue at stake.
The justice system should serve everyone, regardless of their means. People should be able to find effective solutions to their legal problems. Justice must not be restricted to the very wealthy, who can well afford high legal fees, or the very poor, who may qualify for legal aid. At the same time, taxpayers deserve value for the money they contribute to legal aid and the courts.
The Government's reforms will make the law clearer and fairer. They will remove old-fashioned restrictive practices that only benefit lawyers, and focus the courts on serving the public. New technology will help improve standards of service and access to information. At every stage, the focus is on the help people need.
A Community Legal Service will revolutionise ordinary people's access to information about their rights, and new avenues to good quality legal services. It will be a cornerstone of the Government's pledge to protect everyone's basic rights. The disadvantaged and the socially excluded will find help with the issues that affect their everyday lives at the heart of the new service.
As part of the Community Legal Service, legal aid spending will be refocused on the people and cases where it is most needed and can do most good. More money will reach both the not-for-profit sector (which has particular expertise at dealing with the types of problems faced by poor people), and better ways of resolving disputes, like mediation.
Modern ways of funding litigation, like 'no win, no fee' agreements, and a new "fast-track" system in the courts, leading to fixed-cost hearings, will open up access to civil justice to people on modest income who do not qualify for legal aid, and dare not risk going to court at their own expense because of the unpredictable cost.
Together, these changes will create a justice system that is no longer so daunting, so uncertain and so expensive that ordinary people have no real access to justice. People will be able to find out what their rights are, and if necessary protect and enforce them, at a predictable and reasonable cost in a system which serves everyone.