HC Deb 09 December 1925 vol 189 cc452-3
65. Mr. ROBINSON

asked the Attorney-General whether he is aware that the Poor Persons Rules of 1914 and 1925, thereby differing from the practice in foreign countries, gave no right to any poor person to be admitted to the benefit of the rules as of right, but only as a matter of discretion, and that there was, and is, no appeal permitted under such rules by a poor person whose application to proceed under the rules has been refused; and whether he will recommend, or cause recommendations to be made, that an appeal should be allowed from the discretion of the committee of solicitors referred to in the Report of Mr. Justice P. O. Lawrence's last committee [Cmd. 2358] when acting judicially in certifying or refusing applications of poor persons for legal aid, and also that an appeal should be allowed from the decision of the clerks or librarians when acting semi-judicially in deciding, as directed by the said Report, whether or not such poor persons have a prima facie case for the consideration of the committee of solicitors?

The ATTORNEY-GENERAL (Sir Douglas Hogg)

In answer to the first part of the question, every poor person is entitled to be admitted to the benefit of the rules, as of right; whether his case is prosecuted under the rules depends on whether it satisfies the conditions laid down in the rules. I do not know whether the practice in foreign countries is the same. To the second part of the question, the answer is in the negative. There are no decisions of clerks or librarians under the rules, and therefore there can be no appeal from them. I am satisfied as regards the decisions of the local committee that in the interest of everyone concerned there should be on appeal.