HC Deb 15 June 1992 vol 209 cc353-5W
Mr. Redmond

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list by year, for the last 10 years, and for this year to date the number of people who have been(a) granted and (b) refused legal aid in civil cases.

Mr. John M. Taylor

In each of the financial years between 1980–81 and 1990–91, the number of civil legal aid certificates granted and applications refused were as follows:

Certificates issued (thousands) Applications refused (thousands)
1980–81 167.6 18.3
1981–82 176.1 21.5
1982–83 189.6 22.9
1983–84 205.9 24.8
1984–85 222.2 26.2
1985–86 232.4 28.4
1986–87 245.7 39.7
1987–88 245.4 48.6
1988–89 237.2 61.5
1989–90 259.2 81.2
1990–91 297.6 84.4

This information is contained in the legal aid annual reports which are available in the Library of the House. The report covering the period from April 1991 to March 1992 is due to be published on 22 June 1992.

Mr. Redmond

To ask the Parliamentary Secretary, Lord Chancellor's Department what consideration has been given to the withdrawing of his Department's circular to magistrates issued on 1 April in respect of requiring applicants for legal aid to produce recent wage slips, or proof of benefit paid, before their application can be considered.

Mr. John M. Taylor

I refer the hon. Member to my reply on 8 June,Official Report columns 17-18, in which I announced that paragraph 10 of the circular, which deals with the production of wage slips, would be withdrawn. If there are particular difficulties arising out of the application of other parts of the regulations, I am prepared to consider them.

Mr. Byers

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to issue further guidance to clarify paragraph 11 of his recent legal aid circular; and if he will make a statement.

Mr. John M. Taylor

Following the withdrawal of paragraph 10 of the circular, consideration is being given to whether the criminal legal aid regulations need to be amended to ensure that they allow both for practicable procedures for administering legal aid and for proper accountability for public funds. This consideration will embrace the position of applicants on state benefits as well as those in employment. Further guidance will be issued in due course.

Mr. Byers

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will withdraw the requirement in paragraph 11 of his recent legal aid circular to justices' clerks that proof of benefit level is necessary before legal aid can be granted.

Mr. John M. Taylor

Paragraph 11 of the circular reminds justices' clerks that applicants who are in receipt of certain benefits are required to provide details of the Benefit Agency office dealing with the benefit and the reference number and advises justices' clerks to seek corroborative evidence of receipt of the benefit claimed. It does not require proof of benefit level.

Mr. Byers

To ask the Parliamentary Secretary, Lord Chancellor's Department (1) what consideration he has given to the effect of the Data Protection Act 1984 on the effective implementation of paragraph 11 of his recent legal aid circular to justices' clerks;

(2) what are the arrangements for co-ordinating the effective implementation of paragraph 11 of the recent legal aid circular to justices' clerks by the Lord Chancellor's Department and the Benefits Agency.

Mr. John M. Taylor

My officials are exploring with the Benefits Agency arrangements for confirming the status of those criminal legal aid applicants who claim to be in receipt of benefits. The provisions of the Data Protection Act are being considered.

Mr. Byers

To ask the Parliamentary Secretary, Lord Chancellor's Department what estimate has been made of the cost to the legal aid fund of the implementation of paragraph 11 of the recent legal aid circular to justices' clerks.

Mr. John M. Taylor

The only purpose of the circular was to remind justices' clerks of the requirements of the existing regulations for the grant of criminal legal aid.

Mr. Byers

To ask the Parliamentary Secretary, Lord Chancellor's Department how many people granted legal aid were in receipt of benefit, in the last year for which information is available.

Mr. John M. Taylor

The information requested is not collected centrally. However, a recent sample of criminal legal aid applications indicated that, of the applications granted, just under 75 per cent. related to persons in receipt of income support or family credit.

Mr. Janner

To ask the Parliamentary Secretary, Lord Chancellor's Department whether he will increase the limits of availability for legal aid.

Mr. John M. Taylor

Most of the financial limits for legal aid were uprated in April by about 7 per cent. and the Lord Chancellor does not intend to increase them further.

Mr. Vaz

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the current level of legal aid.

Mr. John M. Taylor

I refer the hon. Member to the reply I gave to my hon. Friend the Member for Hazel Grove (Sir T. Arnold), on 22 May, at column246.

Mr. Mike O'Brien

To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment was made of the expected ability of persons detained in police custody to produce evidence of their wages for the preceding weeks, before the issue of his Department's circular concerning the conditions attaching to legal aid.

Mr. John M. Taylor

The only purpose of the circular was to remind justices' clerks of the requirements of the existing regulations for the grant of criminal legal aid. I refer the hon. Member to my reply to the hon. Member for Wallsend (Mr. Byers) on 8 June, Official Report, columns 17-18, in which I announced that paragraph 10 of the circular, which deals with the production of wage slips, would be withdrawn.