HC Deb 30 July 1984 vol 65 cc12-3
34. Mr. Dubs

asked the Attorney-General when he proposes to raise the eligibility level for civil legal aid.

The Solicitor-General (Sir Patrick Mayhew)

Eligibility levels were last raised in November 1983, and will be reviewed again towards the end of this year.

Mr. Dubs

Does the Solicitor-General agree that it is right that eligibility levels should be reviewed at regular intervals, in line with inflation and the cost of litigation? In the overall review of eligibility which the hon. and learned Gentleman is carrying out, will he bear in mind that when the civil legal aid scheme began in 1950, 80 per cent. of the population were eligible, and since then there has been such a significant narrowing in eligibility levels that many people who should be entitled to go to law cannot do so?

The Solicitor-General

It is the Government's policy that families and citizens on small and modest incomes should have legal aid at a cost that they can afford. There has been a practice of regular—and quite frequent—review and increase of eligibility levels. My right hon. and learned Friend the Lord Chancellor is proposing to review the levels at the end of the year.

Mr. John Mark Taylor

What prospects does the Solicitor-General have for those who wish to have legal aid to present their cases before tribunals?

The Solicitor-General

There is a considerable body of opinion that holds that certain tribunals should attract legal aid. On the other hand, successive Governments have not found it possible to extend legal aid to all tribunals. That is the present position, and I have nothing further to add.

Mr. John Morris

The Solicitor-General will recall the Attorney-General telling the House on 18 June that the interpretation of section 22 of the Legal Aid Act 1979 has proved to be very difficult and I have not yet reached a firm conclusion on it." — [Official Report, 18 June 1984; Vol. 62 c. 1.] Has the Attorney-General now done so, and if his considered view is in line with what the court has decreed in the past will he advise the Secretary of State for Social Services not merely to suspend the transfer of information but to prohibit it in accordance with the terms of the Act?

The Solicitor-General

In case that question arises out of a question on the eligibility for legal aid, I can say to the right hon. and learned Gentleman that my right hon. and learned Friend the Attorney-General is considering, with the Secretary of State, the implications of section 22 for Department of Health and Social Security work.