HL Deb 07 June 1993 vol 546 cc541-2

2.44 p.m.

Lord Cocks of Hartcliffe asked Her Majesty's Government:

Whether the Law Society is eligible for legal aid in respect of its recent applications for judicial review of decisions of the Lord Chancellor.

The Lord Chancellor (Lord Mackay of Clashfern)

No, my Lords. Legal aid is available to individuals who qualify financially and whose case satisfies the legal aid merits test. It is not available to bodies corporate.

Lord Cocks of Hartcliffe

My Lords, I can barely hide my disappointment at that reply. In view of the heart-rending accounts which have been heard by your Lordships among others of the suffering of the legal profession, will the noble and learned Lord consider the criteria and whether an exception can be made in this case? Failing that, will he consider whether an ex-gratia payment can be made to the Law Society to assist it with its costs in this case?

The Lord Chancellor

My Lords, the second of the applications to which the Question refers is pending and I await judgment. Therefore, it would be extremely unwise of me to say anything which would comment on the merits of that case, save to say that questions of cost in the particular case are for the court.

As regards extending legal aid to cover applications of this kind, I certainly consider that that would not rank very high among the priorities for extending legal aid.

Lord Boyd-Carpenter

My Lords, is my noble and learned friend aware of the fact that the Law Society needs no assistance or prompting in claims for legal aid?

The Lord Chancellor

My Lords, I am sure that the Law Society is well able to manage its own affairs in matters in which the interests of its clients are at stake.

Lord Mishcon

My Lords, is it not a wonderful example of the way in which we behave in this country that such litigation can take place and yet all the members of the Law Society in your Lordships' House still have the highest regard and greatest fondness for the noble and learned Lord?

The Lord Chancellor

My Lords, I am extremely grateful for the second part of that Question. It would be unwise of me to comment on the first part.