§ 36. Mr. Robert Howarthasked the Attorney-General if he will give the cost to public funds of free legal aid for the last five years; and what proposals he has to limit the growth of this expenditure.
§ The Attorney-GeneralThe Civil Legal Aid Scheme is contributory and does not, therefore, provide free legal aid to every assisted person. I am arranging for the figures asked for to be published in the OFFICIAL REPORT. There were 51 per cent. more legally aided cases in 1966–67 than there were in 1962–63. This was principally due to the increase in the number of matrimonial cases for which legal aid was granted. The increase in the average net cost per case during that period was 5 per cent. My honourable friend, the Lord Chancellor, and his Advisory Committee are watching the position carefully. There should be some saving as the result of the transfer of undefended divorce cases to the county courts.
§ Mr. HowarthIs my right hon. and learned Friend aware that since entering this House I have been struck by the number of cases that have come to my notice where very deserving and relatively poor people have had requests for free legal aid refused, while I have also come across other situations where very high costs have been incurred, under the most questionable circumstances? Will he look at this again?
§ The Attorney-GeneralI will certainly look at any instance where those with a legitimate right to legal aid have had 704 their application rejected. This surprises me because these matters are looked at most carefully.
§ Mr. CorfieldWill the right hon. and learned Gentleman bear in mind that unless the scheme is really generously administered there is no equality before the law? Will he be very careful before he restricts either the type of case or the financial limit under the scheme?
§ The Attorney-GeneralI respectfully agree with the hon. Gentleman. There is no doubt that the legal aid scheme has enabled a lot of citizens who would otherwise have been denied justice to receive justice in our courts.
§ Following are the figures:
| CIVIL LEGAL AID SCHEME 1962–63— 1966–67 | |
| Year | Grant (Excluding cost of criminal cases in magistrates courts) |
| £ | |
| 1962–63 | 3,388,776 |
| 1963–64 | 4,435,526 |
| 1964–65 | 5,953,488 |
| 1965–66 | 5,136,556 |
| 1966–67 | 5,435,785 |
| Percentage increase | |
| 1962–1966–67 | 60 per cent |
§ 37. Mr. Robert Howarthasked the Attorney-General if he is satisfied that there is sufficient scrutiny by his Department of claims made on public funds for the provision of free legal aid; and if he will make a statement.
§ The Attorney-GeneralYes, Sir. All applications for legal aid in civil cases are scrutinised by committees of practising lawyers who only grant them when satisfied that there are reasonable grounds for the proceedings. The efficacy of this scrutiny is illustrated by the fact that in 1966–67—the latest year for which figures are available—87 per cent. of assisted persons were successful in the courts. Payment for these cases is only made after the bills have been taxed by the courts or, in certain cases of small amounts, scrutinised by the committees.
§ Mr. HowarthWhile thanking my right hon and learned Friend for that most interesting reply, may I ask him whether he is aware that there was a 705 Chancery Court case recently where the free legal aid costs came to over £9,000? Can he say whether there was any representative of his Department or even of the Law Society present when these costs were taxed? In what way is a check made on these costs?
§ The Attorney-GeneralThe taxing would be done in the Supreme Court Taxing Office, which exercises its duties responsibly. I will certainly look at this particular case if my hon. Friend will give me information about it. It can also be investigated by the Legal Aid Advisory Committee. I will see that the matter is thoroughly looked into.