§ 36. Mr. ByersTo ask the Parliamentary Secretary, Lord Chancellor's Department if the Lord Chancellor will withdraw the recent circular sent to justices' clerks concerning the proofs of wages paid or benefits received which are required from claimants before their applications can be considered.
Mr. John M. TaylorThe circular was issued in response to concern expressed by the Public Accounts Committee and other bodies to the effect that the regulations governing the grant of criminal legal aid were not always being properly followed. The circular was not intended to represent any change of policy. The Lord Chancellor and I have already agreed that consideration should be given to altering the regulations. In all the circumstances, and in the light of the widespread concern that has been expressed about paragraph 10 of the circular, the Lord Chancellor and I have decided that paragraph 10 should be withdrawn. A notice to that effect will be issued as soon as possible.
§ Mr. ByersI welcome that most constructive reply. Can the Parliamentary Secretary give the House a guarantee that when he considers issuing new guidelines, he will consult all interested parties? We share a common view that we need to achieve value for money, but we also believe that those seeking legal representation should have appropriate legal representation immediately so that they can face the courts. Will the Parliamentary Secretary advise the House today what he would say to a defendant remanded in custody? How would that defendant have access to the 13 weeks pay slips necessary to qualify for legal aid?
Mr. TaylorWhat I have just said about the withdrawal of paragraph 10 should have met the critical question with which the hon. Gentleman concluded his inquiry. The whole House should know that, early in April, the Lord Chancellor's Department could not look lightly on the fact that the audit of the Department for last year had been qualified by the Comptroller and Auditor General, and that the Department had been heavily criticised by the Public Accounts Committee. To do nothing to try to tighten up the system would have been a neglect of duty.
§ Mr. FraserI congratulate the hon. Gentleman on his unique appointment and remind him—I am sure he will follow me—that he owes his first duty to justice and principle, above the interests of party and, incidentally, the Treasury. By withdrawing paragraph 10 of the circular on legal aid, the Minister has made a good start because that paragraph could have caused many injustices, and we are glad that he has withdrawn it. I hope that he will look in a similar light at fixed fees in magistrates courts and perhaps refer that issue to the Royal Commission on criminal justice.
Mr. TaylorI am grateful to the hon. Gentleman for his courteous remarks. I shall, of course, take fully into account the fact that my duty is to the administration of justice. I thank the hon. Gentleman for his comments about paragraph 10 and I will bear in mind what he said about standard fees. However, in the spirit of candour that is appropriate in this House, I am bound to say that I am rather attracted by a regime of standard fees.