HC Deb 03 April 2001 vol 366 cc173-4
29. Sandra Gidley (Romsey)

If he will make a statement on the family graduated fees scheme. [155199]

The Parliamentary Secretary, Lord Chancellor's Department (Mr. David Lock)

The family graduated fees scheme and the rates to be paid have now been settled. The scheme will pay barristers set fees for different functions within a case, which will vary according to the category of family work. The fees can be increased to reflect complexity.

The regulations to bring the scheme into force were laid before Parliament on 20 March. The scheme will be implemented from 1 May.

Sandra Gidley

I welcome the changes and improvements to the original scheme, but family law barristers still have concerns about the current scheme. First, they are paid on a different basis from solicitors—who are still paid hourly—and wish to see an integrated scheme. Secondly, there is real concern that the longer, more complex cases will not be adequately rewarded and that those arguably most in need will not receive the representation that they deserve. I share the concern that those most in need will not receive representation. Will the Minister undertake to review the scheme in 18 months' time to see how it is working and to ensure that there has been no reduction in the services available to those most in need?

Mr. Lock

I agree in principle that counsel and solicitors should be paid the same rate for the same type of work. However, solicitor-advocates may not always play the same role as banisters in family work, and that needs to be considered. We want to achieve a level playing field. We are confident that the rates we have set are more than adequate and appropriate for the job. We are confident that there is a proper supply of well-qualified barristers to do the work that the hon. Lady has identified, and we will, of course, keep the matter under review.

Mr. Stephen O'Brien (Eddisbury)

What mechanism is the Minister putting in place to ensure that, following this part of the reform of the funding of the legal system, there is an audit comparing past and current provision of proper access to justice for all, as it is suggested that, as a result of the changes, some of the poorest in our society will be denied access to justice?

Mr. Lock

I find that quite astonishing. I have just been able to announce that legal help is now available for a further 5 million people as a result of the reforms and controls that this Government have introduced. That contrasts sharply with the way in which legal aid expenditure was treated under the previous Government. They cut millions of people out of receiving legal aid, instantly denying them access to justice.