HL Deb 24 July 1974 vol 353 cc1804-6

8.21 p.m.

THE LORD CHANCELLOR (Lord Elwyn-Jones) rose to move that the Legal Aid (Financial Conditions) Regulations 1974, laid before the House on July 15, be approved. The noble and learned Lord said: My Lords, I rise to move that this House approves the Legal Aid (Financial Conditions) Regulations 1974. With the leave of the House, I should like to deal at the same time with the Legal Advice and Assistance (Financial Conditions) Regulations 1974, and with the two corresponding Scottish Regulations.

My Lords, these Regulations increases the income limits for legal aid, advice and assistance. Their background and purpose is this When the income limits for legal aid were last increased, towards the end of last year (with effect from January 1 of this year), the then Government announced that in future they would be reviewed annually to take account of increases in supplementary benefits, which are up-rated annually. This is a considerable improvement in the legal aid field, because it means that the income limits will not be eroded by inflation, as happens if they are only reviewed at irregular intervals. The Regulations now before your Lordships are the result of the first annual review of the legal aid income limits. On July 22 there came into force the Supplementary Benefit (Determination of Resources) Regulations 1974, which made various increases in supplementary benefit, including a rise of £1.25 a week in the ordinary weekly rate of short-term supplementary benefit, from £7.15 to £8.40 a week, an increase of nearly 17½ per cent. The Regulations which I am introducing make comparable increases in the income limits.

My Lords, I now come to the actual provisions of the Regulations with which I can deal briefly. The Legal Aid (Financial Conditions) Regulations raise the upper income limit for legal aid from £1,175 to £1,380, and raised the income limit for free legal aid from £375 to £440. The financial limits for legal aid are calculated by reference to what is called "disposable income", that is, a person's net income after certain deductions have been made in respect of various specified living expenses, such as income tax, rates, rent, maintenance of dependants and so on. The increases mean that in future a person will be eligible for legal aid if he has a disposable income of up to £1,380, while if his disposable income is less than £440, he will be eligible for free legal aid, without payment of any contribution.

The Legal Advice and Assistance (Financial Conditions) Regulations 1974 make a comparable increase in the upper income limit for legal advice and assistance. In future, a person will be eligible for advice and assistance if he has a disposable income of up to £28 a week, instead of £24.50 as at present. The financial limits for advice and assistance are calculated on a rather different basis from those for legal aid, but they are designed to achieve broadly the same result.

My Lords, these Regulations must be read in conjunction with a third set of Regulations, which are not before the House this evening since they are not subject to Affirmative Resolution, but which will come into force at the same time as the other Regulations. These raise from £12.50 to £14 the disposable income above which a person in receipt of legal advice and assistance is required to pay a contribution and. in consequence, prescribe a new scale of contributions for advice and assistance, starting at £1.50 for a person with a disposable income of between £14 and £15 a week, and rising, by eight stages, to £21 for a person with a disposable income of £26 to £28 a week.

My Lords, I commend these increases to your Lordships. They are not dramatic but they are extremely useful. They are designed to do no more and no less than to keep step with increases in supplementary benefits, following the excellent principle of annual review which was accepted last year. I beg to move the first Motion standing in my name.

Moved, That the Legal Aid (Financial Conditions) Regulations 1974, laid before the House on July 15, be approved.—(The Lord Chancellor.)

VISCOUNT COLVILLE of CULROSS

My Lords, we have a great deal still to do this evening. I think this is a result of inflation and we have no matters of principle to raise on any of these Regulations. I would therefore welcome them all on behalf of the Opposition.

On Question, Motion agreed to.

LEGAL ADVICE AND ASSISTANCE (FINANCIAL CONDITIONS) REGULATIONS 1974

The LORD CHANCELLOR

My Lords, I beg to move the second Motion standing in my name on the Order Paper.

Moved—That the Legal Advice and Assistance (Financial Conditions) Regulations 1974, laid before the House on July 15, be approved.—(The Lord Chancellor.)

On Question, Motion agreed to.

LEGAL AID (SCOTLAND) (FINANCIAL CONDITIONS) REGULATIONS 1974

LORD HUGHES

My Lords, I beg to move the first Motion standing in my name on the Order Paper.

Moved, That the Legal Aid (Scotland) (Financial Conditions) Regulations 1974, laid before the House on July 16, be approved.—(Lord Hughes.)

On Question, Motion agreed to.

LEGAL ADVICE AND ASSISTANCE (SCOTLAND) (FINANCIAL CONDITIONS) REGULATIONS 1974

LORD HUGHES

My Lords, I beg to move the second Motion standing in my name on the Order Paper.

Moved, That the Legal Advice and Assistance (Scotland) (Financial) Conditions) Regulations 1974, laid before the House on July 16, be approved.—(Lord Hughes.)

On Question, Motion agreed to.