Editorial: Legal aid cleanup now a priority

OPINION: Dame Margaret Bazley's review of the country's legal aid system was explosive, jaw-dropping and – to some degree – unexpected.

The woman who previously overhauled the fire service and the Ministry of Transport has a reputation as a public sector sheriff who doesn't suffer fools and is quick to sort out inefficiencies in large organisations.

But even with that knowledge her latest effort, which could easily be described as a scathing attack, was a surprise. Not because of the behaviour she described, but the way she described it.

There were no euphemistic tones or watered down language. She called it as she saw it, which was simultaneously refreshing and disturbing (because of its content).

Her recommendation was for major structural changes of a "dysfunctional" system. She said about 200 lawyers were rorting the system, some of them "unscrupulous and corrupt". Some were even described as ill-prepared "car-boot lawyers".

The Legal Services Agency has been in place since 1991 and this is its first-ever review of this kind. Clearly, it was long overdue.

The question then has to be asked: how was it allowed to get to this stage?

If so many lawyers were "gaming the system", in Dame Margaret's words, how was it allowed to carry on for so long and why are none of these lawyers being held to account for their unethical and possibly illegal behaviour?

The matter is on Cabinet's agenda today and will be a difficult pill for Justice Minister Simon Power to swallow and a tough battle to fight.

It's not often that a report comes along that highlights such massive failings.

If the system actually is in such a dire state as Dame Margaret says, a radical overhaul is needed because so much is at stake.

Not only are defendants being poorly serviced, but millions of dollars and untold time appear to be going to waste.

Before the report there was already a high level of scrutiny and scepticism surrounding the justice sector.

No option should be ruled out to fix this mess as the public needs to have faith in the processes in and around our legal system.

A lot of damage has been done, but the system must be salvaged because it's a core pillar of our democratic society.

One more thing: Signs of industrial unrest have been bubbling along for the last couple of months. We have been used to seeing court workers on strike over the past few weeks, but the chorus of voices rallying against pay and work conditions is on the rise in other sectors, too. With employers keeping silent we are sure to see more disruptions along the lines of those seen last week.