HC Deb 27 July 1999 vol 336 c114
30. Mr. Andrew Dismore (Hendon)

If he will introduce measures to regulate the use and costs of leading counsel by litigants. [91628]

The Parliamentary Secretary, Lord Chancellor's Department (Mr. Keith Vaz)

The Government believe that litigants should be free to choose their advocate—whether barrister, solicitor or other authorised advocate. However, the new civil procedure rules specifically require the court awarding costs to have regard to what is proportionate to the issues at stake and the complexity of the particular case.

Mr. Dismore

Is my hon. Friend aware of the public disquiet over the high fees and restrictive practices endemic in the Queen's counsel system? Does he agree that the time has finally come to get rid of unnecessary double-manning; to pay QCs the rate for the job and not for their title; and to apply the new civil justice principle of equality of arms to advocacy, so that rich companies cannot buy themselves justice by hiring fat-cat QCs, whose services are out of reach of the pockets of their legally aided or conditional-fee funded opponents?

Mr. Vaz

I am aware of the concerns expressed by my hon. Friend and assure him that the new rules, which we know will be followed, are clear. I also assure him that the rank of QC is not only established but is a recognition of distinction that is conferred on senior barristers. If he believes that there is any scope for improvement in the system, the Government will, as always, be happy to listen to him. However, I am satisfied, and the Lord Chancellor is satisfied, that our procedures are proper and appropriate.

Mr. John Bercow (Buckingham)

What was the cost to public funds of the use of leading counsel in financial year 1998–99? How does that figure compare with that of the immediately preceding year? What is the hon. Gentleman's best guesstimate of the likely outturn at the end of this financial year?

Mr. Vaz

I am afraid that I do not know the answer to those questions—if I am allowed to say that—but I shall write to the hon. Gentleman and give him all those figures in the detail that he requires.