§ 35. Mr. Sean Hughesasked the Attorney-General if he has any plans to introduce legislation to change the legal aid statutory charge in divorce proceedings.
§ The Solicitor-General (Sir Patrick Mayhew)There are no such plans at present, but the application of the statutory charge will be considered in the light of the views of the Legal Aid Advisory Committee.
§ Mr. HughesWill the Solicitor-General particularly take into account the case of newly divorced women who are being granted ownership of their homes in lieu of maintenance payments? Where the value of the home exceeds £2,500, the surplus value is often used to offset substantial legal charges. In view of the obvious unfairness of that, will the hon. and learned Gentleman bear that in mind when the review takes place?
§ The Solicitor-GeneralThe hon. Gentleman makes an apposite point, which will be borne in mind by my noble Friend the Lord Chancellor.
§ Mr. John MorrisI welcome what the Solicitor-General has said, but is it not the case that a woman petitioner often suffers injustice in this area, when she has to bear the whole of the statutory charge, which is frequently made, against her home? Is there not a need for giving guidance to judges to ensure that more fair and equitable orders are made?
§ The Solicitor-GeneralI think that that matter is best left to the consideration that my noble Friend is giving to the whole matter in the light of the recommendations of the Legal Aid Advisory Committee. I do not think that there is anything that I can usefully add at this stage.