HL Deb 28 July 1988 vol 500 cc442-3

7.3 p.m.

The Earl of Dundee rose to move, That the draft regulations laid before the House on 11th July be approved [33rd Report from the Joint Committee].

The noble Earl said: My Lords, the two sets of draft regulations before us are concerned with increasing the cost limit on work which a solicitor may provide under the Advice and Assistance scheme (which incorporates ABWOR) without prior approval of the board, and with extending the availability of assistance by way of representation.

The Advice and Assistance (Prospective Cost) (Scotland) Regulations 1988 will increase from £50 to £60 the cost of legal advice and assistance (including assistance by way of representation) which a solicitor may grant without the prior approval of the Scottish Legal Aid Board. While this proposed increase has the agreement of the Law Society, we also have in mind to lay a further regulation in the autumn to provide in future for a two-tier limit This would allow a solicitor to grant, without the prior approval of the board, a further £90 of expenditure in certain specified circumstances. But that will depend on whether the Legal Aid (Scotland) Act 1986 is amended to provide the necessary vires, as we have proposed in the Legal Aid Bill, which now awaits Royal Assent.

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1988 would extend the availability of this form of assistance (known for short as ABWOR). The extension would cover summary appeals to the Sheriff, against detention in hospital under various provisions of the Mental Health (Scotland) Act 1984, and against guardianship orders; circumstances where an accused has pleaded guilty without legal representation and is required to attend subsequently in court; and circumstances where the court orders a proof in mitigation. In addition, to allow an early change of plea, ABWOR would remain available until 14 days after a plea of not guilty had been entered. These changes would simplify and clarify the application of legal aid cover and the availability of the ABWOR arrangements, and have been proposed to deal with problems experienced in the accessiblity and administration of legal aid.

The improvements which these amendments to the present Legal Aid Regulations would achieve, while significant within themselves, are part of an important package of improvements which will apply from 1st August. I beg to move.

Moved, That the draft regulations laid before the House on llth July be approved [33rd Report from the Joint Committee].—(The Earl of Dundee.)

Lord Morton of Shuna

My Lords, as regards the first regulation, we do not dissent from the inflation-proofing of the legal aid limits. We shall be interested to see the two-tier limit when it is introduced and have no objection to it—that is, if it is introduced, and if the Legal Aid Bill receives Royal Assent, as I assume it will.

As regards the second regulation, again we have no objection. It appears to be appropriate. It is one of a number of changes which are necessary as the Government discover the difficulties of running legal aid. No doubt there will be many more changes as they continue to discover the difficulties which we forecast in the Legal Aid (Scotland) Bill as it went through this House. We have no objection to the regulations.

On Question, Motion agreed to.