Legal Aid (Hansard, 1 February 1993)

§ 36. Mr. John Marshall
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement about the growth in cost of legal aid since 1979.

Mr. John M. Taylor
Net expenditure on legal aid has risen from £99 million in 1979–80 to £906 million in 1991–92. It is estimated that legal aid will cost more than £1.1 billion this financial year, some 28 per cent. more than last year.

§ Mr. Marshall
Does my hon. Friend agree that that increase of 10 times underlines the need for the reforms that the Lord Chancellor is introducing? What are the 18 income limits below which legal aid will still be payable under those proposals, and how do they compare with 1979 income limits?

Mr. Taylor
My hon. Friend asks whether the increases that I reported in my answer were of themselves a fundamental reason to get legal aid under control. The answer must be absolutely yes, they are.

§ Mrs. Dunwoody
Is the Minister aware that the changes will be extremely damaging to women who want to apply for aid in domestic violence cases? Is he further aware that if he is serious about wanting to bring about cuts in the legal aid budget, he should consider the rapid appointment of several stipendiaries, a step which would not only clear court cases but, in the long run, save an enormous amount of money?

Mr. Taylor
In the instance that the hon. Lady gives, of a woman at threat and risk of domestic violence, she will find that in all normal cases—if that lady goes for representation—the solicitor, quickly satisfying himself that she is eligible, will give her an emergency legal aid certificate, start to represent her and get help for her, such as perhaps restraining orders, at a very early stage.
I believe that we have about the right number of stipendiaries. Our long tradition of a lay magistracy has served the country well. The stipendiary must be seen as complementary and not an alternative to the lay magistrate.

§ Lady Olga Maitland
In view of the staggering increase in spending on legal aid, and recalling that my hon. Friend the Minister said earlier that Britain's legal aid system is the most generous in the world, would he spell out how Britain's legal aid system is the most generous in the world because it is a fantastic success story?

Mr. Taylor
I have never said that Britain's legal aid system is the most generous in the world, but I suspect that it may well be. Legal aid is available to half of the population, and it is available to more than one fifth of the population for no contribution at all. Far from the legal aid system being cut in the autumn statement, it is due to increase by 10 per cent., 10 per cent. and 10 per cent. in the next three years. The number of acts of assistance is expected to increase over that period from 3.1 million to 4 million. That is generous.

§ 38. Mr. Byers
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will amend the rules relating to the availability of legal aid in order to assist those individuals involved in class action.

Mr. John M. Taylor
The Legal Aid Board has recently established special procedures relating to multi-party actions which are intended to assist the progress of such actions in appropriate circumstances.

§ Mr. Byers
Is the Minister aware that the 1,700 people who are involved in the class action against the manufacturers of valium librium and mogadon have had their legal aid suspended, and that the reason given for that suspension is that some of them have weak medical support? In the light of the decision to suspend legal aid for those people, will the Minister review the guidelines to which he referred a moment ago to ensure that those with strong legal cases are not denied legal aid because of the weakest case? In particular, will he take urgent steps to 19 review the decision which has been taken to suspend legal aid from those involved in the valium, librium and mogadon action?

Mr. Taylor
No, I must tell the hon. Gentleman and the House that in any civil case there must be enough medical and other evidence to make the grant of legal aid 20 reasonable. As with privately funded cases, the prospective winnings should also be enough to make litigation worth while despite its costs. However disappointing it may be for the plaintiffs, it is not fair to ask the rest of the tax-paying community to pay for cases that will not prosper or, if they do, will produce no net winnings.