§ 44. Mr. Harry GreenwayTo ask the Attorney-General how many individuals were given legal aid costing £1,000 or less in the past year; and if he will make a statement.
§ The Solicitor-GeneralThe great majority of legal aid payments for criminal cases in the magistrates court in 1988–90 were less than £1,000. The average bill for civil legal aid in 1988–89 was £1,153, and my hon. Friend will find fuller details in the Legal Aid Board's annul report, a copy of which is in the Library.
§ Mr. GreenwayDoes my right hon. and learned Friend agree that the Kray brothers should repay any legal aid that they may have received, plus interest, out of the £266,000 so disgracefully paid to them for the film rights of their evil crimes? Will he see whether more can be done for people in need of small sums in legal aid, as he has said is already happening?
§ The Solicitor-GeneralIn so far as any criminal has resources from any source, including the sort of source mentioned, they would be taken into account in estimating legal aid entitlement. My hon. Friend was right to suggest that there has been an increase in the amount available for legal aid. During the past 11 years it has increased from £100 million to £607 million.
§ Mr. FraserDoes the Solicitor-General acknowledge that one reason why legal aid payments have increased is that the number of criminals has increased under a Tory Government? Does he further acknowledge that there is a crisis in the legal aid service because settlement for legal aid practitioners has been below the combination of the earnings index and the retail prices index? Will he and the Lord Chancelor ensure that, in the next legal aid settlement, the rate of remuneration for those carrying out legal aid work will not be lower than the rate of inflation which is chosen for those purposes?
§ The Solicitor-GeneralOn the first point, the amount being spent on legal aid has risen rapidly during our time in office. On the second point about individual annual legal aid settlements, I am not sure that I accept that the settlement for the current year was below what was reasonably to be expected.
§ Mr. DickensDoes my right hon. and learned Friend agree that although we want everyone to obtain justice, because of the legal aid system many people are opting for legal remedy who might otherwise settle their differences amicably? Has not it suddenly become a bottomless pit of 591 taxpayers' money that is for ever expanding? Should not there be more careful scrutiny of applicants and the money that they repay afterwards?
§ The Solicitor-GeneralThere should certainly be careful scrutiny. The growth in the small claims court has encouraged many more rapid and less expensive settlements. It has provided effective access to justice for cases involving below £500 and, from early next year, cases below £1,000. My hon. Friend touched on the point made by the hon. Member for Norwood (Mr. Fraser) about the increased amount of legal aid. It is not simply that additional money is being spent—it is the number of criminals who are being brought to trial under this Government as opposed to the level of crime.