HL Deb 15 December 1988 vol 502 cc1066-7

6.7 p.m.

The Earl of Dundee rose to move, That the draft regulations laid before the House on 23rd November be approved [1st Report from the Joint Committee].

The noble Earl said: My Lords, the three sets of draft regulations before us are concerned first with the exclusion from civil legal aid of actions raised under the simple new small claims procedure; secondly, with increasing the financial limit of legal advice and assistance including assistance by way of representation (ABWOR) work which solicitors may undertake without prior approval of the Scottish Legal Aid Board; and thirdly with clarification of the criteria to be applied to the provision of ABWOR. They will enable solicitors to proceed more quickly with legal aid work. These improvements, which have been developed in consultation with the Law Societ y of Scotland and the Scottish Legal Aid Board, demonstrate our commitment to an effective and efficient system.

I shall now take each of the draft regulations in a little more detail. The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988 exempt small claims processes from civil legal aid by extending the list of excepted proceedings at Part II of Schedule 2 of the Legal Aid (Scotland) Act 1986. The small claims procedure, which is the subject of the Small Claims (Scotland) Order 1988, came into effect on 30th November. The procedure is straightforward and is designed to be operated by a claimant without the need for assistance from a solicitor. Proceedings are to be conducted in an informal manner and the claimant should be able adequately to pursue his or her case in person without a lawyer. We are however providing that civil legal aid should be available for small claims appeals, since these must relate to points of law and be made to the sheriff principal. Moreover if a case is remitted into conventional summary cause of ordinary cause procedure legal aid will at that point be available.

The Advice and Assistance (Scotland) (Prospective Cost) (No. 3) Regulations 1988 will increase from £60 to £150 the financial limit on the cost of legal advice and assistance (including ABWOR) which a solicitor may undertake without the prior approval of the Scottish Legal Aid Board, subject to certain specified criteria. This provision clearly will enable solicitors to proceed more quickly than before with work in the important and urgent areas specified.

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988 correct an omission in the amendment regulations which came into force last August. Criteria applying to the availability of ABWOR are applied also to the extensions of such availability made by the August regulations. The opportunity has also been taken to consolidate those regulations for the convenience of practitioners.

We have made a further significant improvement to the provision of civil legal aid in the Civil Legal Aid (Scotland) Amendment (No. 3) Regulations 1988 which came into force on 30th November. Those regulations enable the Scottish Legal Aid Board to make legal aid available under specified circumstances for work carried out as a matter of urgency, thereby streamlining further that important part of the legal aid system. Those regulations also exempted from recovery by the board certain small, vital articles of property belonging to an applicant which have been successfully recovered with the benefit of legal aid from poinding under the Debtors (Scotland) Act 1987. I beg to move.

Moved, That the draft regulations laid before the House on 23rd November be approved [1st Report from the Joint Committee].—(The Earl of Dundee.)

Lord Carmichael of Kelvingrove

My Lords, I thank the Minister for his explanation of the regulations which conform closely to the statement made in another place by his honourable friend Lord James Douglas-Hamilton. No objections were made from my side of the House. I have looked to see whether anyone else had any comments to make. The department obviously consulted widely before it tabled the regulations for which there has been general agreement. I am pleased to accept the regulations.

On Question, Motion agreed to.