§ Sir Bernard Braineasked the Secretary of State for the Home Department what were the total amounts paid in fees to solicitors and barristers, showing separately criminal cases and those heard before juvenile courts, magistrates' courts, crown courts and appeal courts in each of the years 1970 to 1974 and to the latest convenient date in 1975; what was the total legal aid awarded in such cases, the amount of such costs recovered from dependants, and the annual amounts written off as irrecoverable in each of those years.
§ Mr. Alexander W. LyonThe total cost of legal aid for criminal proceedings in all courts for the years 1970–71 to 1974–75 was as follows—these figures include disbursements as well as fees:
£ 1970–71 8,102,919 1971–72 9,540,408 1972–73 14,090,205 1973–74 16,500,399 1974–75 23,827,966 The cost as between magistrates' courts and higher courts was as follows:
(1) Magistrates' courts £ 1970–71 2,749,220 1971–72 3,379,303 1972–73 4,363,781 1973–74 6,209,283 1974–75 9,445,297
(2) Crown Court and other higher courts £ 1970–71 5,353,699 1971–72 6,161,105 1972–73 9,726,424 1973–74 10,291,116 1974–75 14,383,669 The figures for the Crown court and other higher courts include payments made to local authorities in respect of legal aid expenditure incurred prior to 1972.
The available figures do not distinguish between expenditure in respect of cases dealt with in juvenile courts and other magistrates' courts, or between the Crown court and other higher courts; or between payments to barristers and to solicitors.
590WThe total amount recovered by way of legal aid contributions for the five-year period was:
£ 1970–71 165,095 1971–72 233,032 1972–73 278,384 1973–74 446,685 1974–75 621,101 The total amounts written off as irrecoverable were as follows:
£ 1970–71 5,271 1971–72 7,003 1972–73 8,447 1973–74 10,904 1974–75 17,858
§ Sir Bernard Braineasked the Secretary of State for the Home Department whether he will seek to make it a statutory requirement for members of the legal profession, who receive private remuneration in cases which subsequently come before the courts and attract legal aid, to disclose such remuneration and the purpose for which it was received when making claims upon the legal aid scheme.
§ Mr. Alexander W. LyonWe have been considering such a proposal in the context of wider revision of the Criminal Proceedings (Fees and Expenses) Regulations 1968. Consultations are still proceeding.
§ Sir Bernard Braineasked the Secretary of State for the Home Department why no provision is made to ensure that solicitors' costs and barristers' fees, in respect of legal aid in criminal cases at all court levels, together with moneys received by solicitors from private sources in connection with such cases, are not centrally supervised and consolidated so that effective comparison, control and audit is made both to avoid duplication of claims and waste of public money; and what action he proposes to take to end the present laxity.
§ Mr. Alexander W. LyonThe taxation of the costs of legally aided defendants in criminal cases in the higher courts is a matter for the court itself. Such costs incurred in cases disposed of in magistrates' courts are taxed by the Law Society. There is central supervision and audit, but centralised taxation would be more expensive and less efficient. Any evidence of laxity in the use of public 591W funds will be carefully investigated. Allegations of professional misconduct by solicitors or counsel are for the appropriate professional body to consider.