§ Mr. Lawrenceasked the Attorney-General if he will list the extensions made to the availability of legal aid since May 1979.
The Attorney-GeneralThe extensions to the, availability of publicly funded legal services under the legal aid scheme since May 1979 are as follows:
- 1 December 1982: Assistance by way of representation (ABWOR) extended to provide legally aided representation before mental health review tribunals;
- 1 May 1983: ABWOR extended to cover representation for parents in child care proceedings;
572 - 24 May 1983: Legal aid extended to applications for bail to the Crown court where bail has been refused by the magistrates' court;
- 3 October 1983: Introduction of the statutory scheme to provide access to legal advice at magistrates' courts (the "magistrates' court duty solicitor scheme");
- 1 April 1984: ABWOR extended to prison disciplinary hearings;
- 27 May 1984: Legal aid extended to cover representation for parents in child care proceedings; (The extension of ABWOR announced on 1 May 1983 thus became redundant);
- 1 January 1986: ABWOR extended to hearings requesting warrants of further detention under the Police and Criminal Evidence Act;
- 1 January 1986: Introduction of the statutory scheme to provide access to legal advice for those detained by the police (the "24-hour duty solicitor scheme").
The Lord Chancellor also announced on 17 February 1986 that the following extensions to the legal aid schemes would be made as resources permit:
- (a) an extension of the legal advice and assistance scheme to allow solicitors, in some circumstances, to visit the housebound to provide legal advice;
- (b) extension of ABWOR to cover proceedings under section 47 of the National Assistance Act 1948;
- (c) an extension of ABWOR to cover applications under section 28(6) of the Children and Young Persons Act 1969.
In addition, since May 1979, the financial limits governing eligibility for legal aid have been raised on six occasions.
§ Mr. McNamaraasked the Attorney-General how many letters have been received by the Lord Chancellor's Department and the No. 9 legal aid north-eastern area from (a) the Law Society on local law societies, (b) individual firms of solicitors or (c) members of the general public alleging delays in the processing of legal aid cases in the No. 9 north-eastern region.
The Attorney-GeneralSo far as can be ascertained, the Lord Chancellor's Department has received no letters relating specifically to delays in processing legal aid applications in No. 9 area office. The Law Society's legal aid head office is aware of one complaint from a firm of solicitors. No. 9 area itself receives a number of inquiries about the progress of individual applications, some of which could be classed as complaints about delays, but no detailed records are kept. The area director regularly informs local law societies of the current position regarding the workload of the office.
§ Mr. McNamaraasked the Attorney-General what is the average time it takes to process legal aid applications in the No. 9 north-eastern area.
Attorney-GeneralThe latest figures available are published in appendix 2G of the 36th legal aid annual reports. These show that, for legal aid area No. 9, it took an average 77.24 days (actual, not working) from receipt of a legal aid application to the issue of a certificate during financial year 1985–86.
§ Mr. McNamaraasked the Attorney-General why officers in the No. 9 legal aid north-eastern region have been instructed not to receive telephone calls from solicitors concerning individual applications for legal aid.
The Attorney-GeneralThis is a matter for the legal aid administration of the Law Society which is responsible for the operation of the civil legal aid scheme.
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§ Mr. McNamaraasked the Attorney-General what estimate he has made of the effects on the conduct of cases and the time at which solicitors are instructed of the delays in granting legal aid applications in the No. 9 north-eastern area.
The Attorney-GeneralThe length of time taken to process legal aid applications in No. 9 legal aid area is below the national average. In cases of genuine urgency, where an immediate decision is necessary, emergency legal aid can be granted.
§ Mr. McNamaraasked the Attorney-General how many executive officers are currently employed at the legal aid No. 9 north-eastern area; what is the nominal establishment; and whether the Lord Chancellor has any plans to increase the number of executive officers to overcome the current backlog of work in the area.
The Attorney-GeneralStaffing levels in the individual area offices are the responsibility of the legal aid administration of the Law Society. I understand that two senior executive officers and two executive officers are currently employed at the No. 9 legal aid area office. There is no formal establishment figure, but four vacancies have occurred recently. Subject to the completion of internal training programmes, it is expected that these will be filled later this year.
§ Mr. McNamaraasked the Attorney-General whether he will itemise the main heads of work in the legal aid No. 9 north-eastern area, indicating those heads where the work load has increased and those where it has reduced for each year over the past three years to the end of 1986.
The Attorney-GeneralThe main areas of work dealt with in all legal aid area offices are:
- Civil legal aid applications
- Applications for assistance by way of representation (ABWOR)
- Applications for extensions of the advice and assistance (green form) initial cost limit
- Assessment and payment of civil legal aid bills
- Assessment and payment of magistrates' court criminal legal aid bills
- Assessment and payment of ABWOR bills
- Assessment and payment of green form bills
- Assessment and payment of duty solicitor bills
Figures showing the volume of work in each of these categories by individual area offices are not available.
However, on a national basis the volume of work in each of these categories has altered over the past three years as follows:
1982–83 1985–86 Civil applications 283,806 366,269 Green form extensions 147,434 239,960 ABWOR applications 80,786 82,993 Civil legal aid bills 148,077 182,463 Magistrates court criminal bills 322,813 371,452 ABWOR bills 60,743 60,667 Green form bills 733,410 1,038,805 No comparison is possible for duty solicitor bills since the duty solicitor schemes were introduced after 1982–83.
§ Mr. McNamaraasked the Attorney-General (1) why overtime has been banned at the No. 9 north-eastern legal aid offices;
(2) why no temporary officers, clerical or other grades, have been employed at the offices of the No. 9 north-eastern legal aid area in order to reduce the backlog of work.
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