HL Deb 19 July 1988 vol 499 cc1213-4

38 Schedule 4, page 41, fine 5, leave out '4(2)(a)' and insert '4(2)'.

39 Page 41, line 5, after 'Fund)' insert— (a) in paragraph (a)'.

40 Page 41, line 6, at end insert— '(b) in paragraph (c), the words "for the purposes of this Act" are repealed.'.

The Lord Advocate (Lord Cameron of Lochbroom)

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 38 to 40 en bloc The substantive amendment is Amendment No. 40, the two earlier amendments being drafting consequences of that amendment. The effect of Amendment No. 40 is to widen the scope of determinations which can be made under Section 4(2)(c) of the Legal Aid (Scotland) Act 1986. The need for this arises from steps which my right honourable friend the Secretary of State for Scotland is taking, in consultation with the Scottish Legal Aid Board and the Law Society of Scotland, to improve further the administration of legal aid.

My right honourable friend proposes to allow the board to make payments to solicitors who have taken urgent steps in proceedings on behalf of their clients before a legal aid application could be determined but where in due course no award of legal aid is made. He proposes to set stringent conditions for such payments, notably that the solicitor should satisfy the board that he had reasonable grounds for believing that the client was eligible for legal aid, and that the work charged was necessarily, reasonably and actually carried out. This will remove the need for emergency certificates in a sizeable number of cases. The Law Society of Scotland has offered full co-operation in securing a reduction in emergency certificates, based on the availability of this new discretion to the board. The offer of co-operation is most welcome. The amendments are the key to a major improvement in legal aid administration in Scotland and I commend them to your Lordships.

Moved, That the House do agree with the Commons in their Amendments Nos. 38 to 40.—(Lord Cameron of Lochbroom.)

Lord Morton of Shuna

My Lords, we welcome the amendments. It is pleasant to be going back to the old scheme before the Legal Aid (Scotland) Act was passed. The application was granted, backdated to the date of the application because the procedure, although we opposed it at the time the Scottish Act was passed, resulted in delays in court. These amendments are a considerable improvement.

On Question, Motion agreed to.