A Hung Parliament - A Noose Around the Neck of the Law. - By: Clarapiere

What appeared to be one of the most exciting elections in recent years has managed to provide what we predicted: a hung parliament. With the Conservatives holding only 306 seats and Labour holding 258, new campaigning has begun. This campaigning is not focused at the hearts and minds of the general public though; its target is the Liberal Democrats with their attractive 57 seats.

As has been reported, 326 seats would be needed in order to win a majority government, and while a Lib - Con coalition would satisfy this requirement with a total of 363 seats, a Lib-Lab coalition is still possible as well. The Labour party would have to woo a further 11 seats from other parties as well as the 57 seats from the Liberal Democrats in order to achieve a majority. At the announcement of a hung parliament, it wasn't only the stock market that screamed, but the legal system as well. Would this hung parliament be the noose around the neck of law? Or is it a blessing in disguise?

How would the Law fare under a LIB-CON Coalition?

With regard to legal issues, both the Liberal Democrats and the Conservatives have more in common then initially perceived. According to their manifestos, both parties are interested in certain key areas and have proposed quite similar 'solutions'. Both parties have pledged an increase in protection for our civil liberties. The Conservatives wish to scrap Identification cards, the National Identity Register and the Contactpoint database as do the Liberal Democrats.
The Liberal Democrats wish to introduce a piece of legislation known as the Freedom Bill which would attempt to regulate CCTV use, stop councils from spying on citizens, stop unfair extradition to the U.S.A. and prevent the fingerprinting of children without parental consent. The Conservatives wish to replace the Human Rights Act with a separate UK Bill of Rights, which would protect our civil liberties from such activities as mentioned above.

These are indeed similar pieces of legislation, but their effects could be quite wide ranging. The aforementioned Freedom Bill, looks to target specific violations of our civil liberties. This would work in conjunction with the Human Rights Act, and so effectively double our protection from an ever intrusive state. This is illustrated by the Liberal democrats actively stating in their manifesto that our rights need to be protected under the law by protecting the Human Rights Act directly. However, the Conservatives wish to replace the Human Rights Act completely with a Bill of Rights. This is not going to necessarily introduce any new protections.

David Cameroon has frequently ranted at how the British people are subjected to legislation that was not written with the British people in mind, but the Human Rights Act was drafted by British legislators for the European Union as a whole. Furthermore, the British people are not so different as to be offended by any of the provisions that are contained within the Human Rights Act. Understanding this now, it would appear that the Liberal Democrats are indeed wanting to offer further protection for citizens, especially in comparison to the empty gestures of the Conservatives. With regard to keeping the Human Rights Act in place it is quite possible that the two parties will have a fight on their hands.

In addition to this, both the Conservatives and Liberal Democrats wish to reform the libel laws. These laws prevent the reputations and names of individuals from being tarnished with unfair or incorrect statements. As the laws have developed reports and some members of the public have claimed that the laws are too restrictive and violate the right to freedom of speech. In addressing this issue, both parties wish to reform the law so that this important right is protected and it reduces costs and discourages 'libel tourism'. So far a coalition government means that there is very little fighting with regard to legal issues. However, there are some issues that the Liberal Democrats have mentioned in their manifesto that the Conservatives have not taken a stance on.

The Liberal Democrats have stipulated in their manifesto that they will provide for a written Constitution. At the moment there are only three countries in the world that have no written Constitution. They are New Zealand, Israel and the United Kingdom. The introduction of a written, codified constitution is a feat in itself, but the Liberal Democrats have not stopped there. A reform of the Public Order Act has also been proposed so that non violent protests can proceed even if they were to offend. This has been a controversial issue for the current government to deal with, as a peaceful parade was banned in Wootton Bassett. The Wiltshire town is traditionally known for the parading of dead soldiers in honour of their memory. Several months ago, a group of Afghanistan nationals parade unmarked and empty coffins as a symbol for the uncounted and untold dead Afghanistan's from the war. This peaceful and legitimate parade was banned because it caused offence. If the Liberal Democrats have their way however, such a banning would be a thing of the past.

Finally we come to the pledges that deal with the more criminal aspects of the law. Both the Liberal Democrats and Conservatives have agreed that more powers need to be given to the police and other authorities, but just what powers is still unclear. The Conservatives have taken a proactive stance towards dealing with crime, by introducing a series of early intervention measures including grounding orders, allowing the police to use instant sanctions in order to deal with anti - social behaviour without actually criminalising young people unnecessarily.

Statistics show that of those who are convicted of a knife crime 4 out of 5 avoid jail sentences. The Conservatives would wish to extend custodial sentences and review the law so that mandatory custodial sentences would be given. This is the opposite to the Liberal Democrats who wish to reduce sentences and replace shorter sentences with stringent community based punishments. This was one of the many cost cutting measures proposed by the Liberal Democrats that might not sit well the general public or the Conservatives.

Something that the Conservatives and Liberal democrats both pledge is to have a percentage deducted from the salary prisoners and be put into a fund for the support of victims of crime. The Conservatives has been very clear on how this money would be used; the Liberal Democrats however have remained silent. The Conservatives have proposed that the monies obtained from this be put into the creation of 15 new rape crisis centres and also provide more additional funding for current centres.

Finally, legal aid. The Conservatives lead the country in their outrage at three MP's qualifying and obtaining legal aid in order to pay for their expense claim trials. This has prompted the Conservatives to pledge a review of the current legal aid system and to reform it to make the system more efficient and practical. It has been noted that the cost of legal aid has risen by 37 per cent since 1997 to more than £2 billion. This is not due to the fees of lawyers, which account for only 1.7 per cent of that figure. The real cause for concern is the increased volume of cases that has occurred, the increased number of offences ( 3000 created since 1997) and changes in procedural rules. The Liberal Democrats may be able to assist in this field, as they have pledge the creation of a stop unit which would halt the mass legislation of offences that has occurred under the Labour government.

But what exactly are the Conservatives planning? At the moment, legal aid is based on firms around the country winning contracts from the government to be 'legal aid' firms. The Conservatives however would wish to follow the French system of legal aid. Under this system, the government would have one bank account which all monies are paid into by law firms that are being held for clients. The interest from these monies are then used to fund the legal aid scheme. Belgium and Italy are also looking to implement this system. It is already in place in Australia, where the interest goes to the funding of public interest cases. However the Conservatives have acknowledged that a fair mechanism for distribution needs to be established. The Advice to Justice Foundation which provides funds for pro bono cases, would seem like the most likely mechanism.

The Liberal Democrats have not been as exact in their plans for legal aid but have made is abundantly clear that they would support and protect the legal aid scheme.The Liberal Democrats would ensure that no further reforms took place until a full assessment of their impact on the most vulnerable clients has been carried out. The imposition of flat rate fees which can restrict the access to justice would be rejected by the party and further more an assessment has to how low income families are effected by legal aid would be carried out.

The Law can Breathe a Sign of Relief.

While the two parties are not identical in their legal concerns, they are not miles apart either. The law will change and it will reflect some aspects of the parties pledges, but negotiations will be slow and the law may not be completely effective. Some areas of obvious concern are that of sentencing, as both parties hold strong beliefs here. One thing is clear though, the two parties will act as a check and balance for each other and neither would want to be blamed for any legal faux pas, so we might just have the most proactive government we have ever seen yet.

About the Author

Antonia Torr is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, Antonia has received numerous awards that act as a testament to her quality of writing. Should you wish to read more of Antonia’s work, feel free to visit her at http://www.qualitysolicitors.com. There you will be able to find all the resources you need, from law guides to actually finding a solicitor.Why not pop in to a Quality Solicitors Branch today.

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