§ 2. Mr. Burkeasked the Attorney-General on what principles assisted persons under the Legal Aid Service are assessed by the National Assistance Board.
§ The Solicitor-GeneralThe principles are set out in Section 4 of the Legal Aid and Advice Act, 1949, and in the Legal Aid (Assessment of Resources) Regulations, 1950, and I would refer the hon. Member to them.
§ Mr. BurkeAm I right in assuming that they take into account a man's earnings and responsibilities? If that is so, how is it that a cotton spinner earning £7 a week, with a wife and four children, and with no capital, has to pay the whole of the costs in a case which does not get to court and which ends negatively? Is not that a wrong assessment?
§ The Solicitor-GeneralI would ask the hon. Member to look at the Regulations, because they are much too complicated to be described in a sentence at Question Time. If he has an individual case in mind in which he thinks some error has arisen with regard to the assessment, I should be greatly obliged if he would let me have the particulars, and I will, of course, have inquiries made.
§ 4. Mr. Burkeasked the Attorney-General if he is aware that an assisted person is still financially liable to make continuing monthly payments under the Legal Aid and Advice Scheme after he has been advised to ask for his certificate to be discharged; and if he will take steps to end this liability.
§ The Solicitor-GeneralAfter an assisted person's certificate is discharged he is still liable, up to the maximum amount of his contribution, for the costs already incurred on his behalf, and to end his liability on discharge would only transfer this obligation to the taxpayer. The answer to the second part of the Question is, therefore, "No"; but if the hon. Member will let me have particulars of any case in which hardship has resulted from the application of the Regulations in this respect, I will of course have inquiries made.
§ Mr. BurkeIs the Solicitor-General satisfied with the supervision by the Legal Aid Society when a case which has been waiting for four years gets on the list, and then the assisted person is advised to withdraw it, but still has to pay the full costs? Are certificates given too readily and is the progress of cases watched carefully enough?
§ The Solicitor-GeneralObviously the assisted person must pay what costs have been incurred on his behalf. That is obvious in common sense. But if he has contributed more than in fact has been incurred, the balance is paid back to him. If the hon. Gentleman would like me to look at the details of any case which he has in mind, I will gladly do so.
§ Mrs. BraddockWould the Minister look at a case in which a person is allowed a legal aid certificate, pays the amount required, the case is taken into court and fairly heavy damages are obtained; but five or six years afterwards he has not received a halfpenny of the £950 damages which were awarded to him, although he still has to pay back to the legal aid scheme £247? Is the Solicitor-General aware that there are circumstances in these cases which require looking at again so that a person may know exactly why he has to pay an amount and then does not receive any of the damages he is awarded?
§ The Solicitor-GeneralEven for the hon. Lady I am not prepared to hazard a guess about a case like that when I have not looked at it. If she likes to send me particulars, I will gladly consider them.