§ 1. Mr. Turner-Samuelsasked the Attorney-General if he will amend the Legal Aid and Advice Act, 1949, so that no person is granted legal aid in a divorce action without first having the possibility of reconciliation fully investigated.
§ Mr. MellishOn a point of order. May I ask the hon. and learned Gentleman whether the Attorney-General has finished his case yet?
§ The Solicitor-General (Sir Harry Hylton-Foster)No, Sir. I do not think it would be right to impose such a requirement in the case of assisted persons and not apply it to everyone who wishes to take or defend divorce proceedings. On that aspect of the matter, the hon. and learned Member will no doubt await the Report of the Royal Commission on Marriage and Divorce.
§ Mr. Turner-SamuelsDoes not the hon. and learned Gentleman see the very serious distinction between the case which I have put and the general case? Is it not clearly in the interests of the State, which is giving money in order to afford legal aid, to see that every possible step is taken in regard to reconciliation before legal aid is given?
§ The Solicitor-GeneralI should have thought that it was very important to get reconciliation, wherever that was possible, in any of these cases. What does not seem to be right is the disqualifying of legally-aided persons by that requirement if we do not insist on the same requirement for everybody.
§ Mr. Turner-SamuelsDoes the hon. and learned Gentleman not see that here 2406 we can control the matter, whereas in the general case, of course, that cannot be done, except by legislation?
§ The Solicitor-GeneralThe hon. And learned Gentleman will appreciate that his Question does not deal with who is to investigate the possibility, and the fact is that none of the legal aid committees of the Law Society is qualified to do anything of the kind.
§ 2. Mr. Turner-Samuelsasked the Attorney-General whether the Government will now give effect to his statement on 25th October, 1954, that the passing of the Housing Repairs and Rents Act has strengthened the case for extending legal aid to the county court, by having the provisions of the Act applied accordingly, in view of the fact that the continued failure to do so is causing a hold-up of the trial of actions in the High Court due largely to the absence of legal aid in the county court.
§ 4. Mr. Walker-Smithasked the Attorney-General whether, in view of the proposed extension of the jurisdiction of county courts, further consideration can be given to the implementation of the Legal Aid and Advice Act, 1949, in respect of county court proceedings.
§ The Solicitor-GeneralI would refer the hon. and learned Member and my hon. Friend to the reply which my right hon. and learned Friend gave on 6th December to the hon. and gallant Member for Norfolk, Central (Brigadier Medlicott) and to other hon. and right hon. Members.
§ Mr. Turner-SamuelsDoes not the Solicitor-General agree that that answer was quite inadequate, and will he tell the House whether the proposed extension of legal aid to the county court will cover cases coming under the recent Repairs and Rents Act, as these are the cases which are more important at the present moment than any others, and the House and the country should have a very clear answer on that point?
§ The Solicitor-GeneralI would ask the hon. and learned Gentleman to await the provisions of the Bill which will deal with jurisdiction, and to await the regulations whch will deal with the matter of legal aid.
§ Mr. Turner-SamuelsMay I say, with respect, that the hon. and learned Gentleman's answer appears to be a little evasive? The answer of the Attorney-General was clear that the extension would only deal with matters where they apply in the High Court, and that clearly does not include these rent cases. Will the hon. and learned Gentleman not be a little more explicit as to whether it is proposed to deal with these cases?
§ The Solicitor-GeneralI do not agree that my right hon. and learned Friend's answer said that; it did not. He said:
The Government consider that if the jurisdiction of the county court is to be increased, legal aid should be made available far all types of county court proceedings … "—[OFFICIAL REPORT, 6th December, 1954; Vol. 535. c. 589.]
§ 3. Mr. Turner-Samuelsasked the Attorney-General, in view of the fact that under the present legal aid system a litigant who is granted legal aid in the courts below is deprived of it on an appeal to the House of Lords even if such litigant is taken there against his will, whether he will take steps to have the Legal Aid and Advice Act, 1949, extended accordingly.
§ The Solicitor-GeneralI have nothing to add to the answer my right hon. and learned Friend gave to the hon. and gallant Member for Norfolk, Central (Brigadier Medlicott) on 6th December.
§ Mr. Turner-SamuelsDoes it not appear to the Solicitor-General that it is completely illogical and unjust that a person who has been legally aided in the court below and has concluded his litigation successfully should be deprived of legal aid when he is taken against his will to the highest court of appeal?
§ The Solicitor-GeneralI am sorry that I cannot go further at this stage than the answer which my right hon. and learned Friend the Attorney-General gave on 6th December.