§ Mr. WatsonTo ask the Secretary of State for Scotland what amount he expects to be saved from the current civil legal aid budget resulting from the Government's proposals for each of the next five financial years.
§ Lord James Douglas-HamiltonThe purpose of the proposed changes announced on 16 November is to ensure the continuation of reasonable access to legal aid for the most needy, while at the same time taking action to control the rate of growth in legal aid expenditure. The proposed changes are expected to reduce forecast expenditure on civil legal aid by between £2 million and £3 million in 1993–94 rising to around £5 million in 1997–98. Total expenditure on legal aid will, however, continue to increase and in financial year 1995–96 it is expected to be 40 per cent. higher than the planned expenditure for the current year.
§ Mr. WatsonTo ask the Secretary of State for Scotland if, under the Government's new legal aid proposals, applicants will be required to make continuous contributions over the full life of the case.
§ Lord James Douglas-HamiltonUnder the Government's proposals a person granted civil legal aid in Scotland after 1 April 1993 will not be required to make continuous contributions over the full life of the case.
§ Mr. WatsonTo ask the Secretary of State for Scotland when he will publish detailed proposals regarding changes in civil legal aid and civil advice and assistance schemes in Scotland.
§ Lord James Douglas-HamiltonDraft regulations will be laid before the House in the spring.
§ Mr. WatsonTo ask the Secretary of State for Scotland what level of contributions will be required in civil legal aid cases under the Government's new legal aid proposals.
§ Lord James Douglas-HamiltonUnder the Government's proposals a person receiving civil legal aid will be required to make a maximum contribution of up to one third of the amount by which his disposable income exceeds the lower free limit for civil legal aid.
§ Mr. WatsonTo ask the Secretary of State for Scotland what will be the maximum income level for obtaining free advice and assistance for legal aid applicants from April 1993.
§ Lord James Douglas-HamiltonThe maximum disposable income level for obtaining free advice and assistance has yet to be determined.
§ Mr. Menzies CampbellTo ask the Secretary of State for Scotland (1) what is his estimate of the proportion of the adult population of Scotland which after 1 April will be eligible for(a) legal advice and assistance and (b) legal aid, for civil purposes on a nil contribution;
(2) what is his estimate of the proportion of the adult population of Scotland which after 1 April will be eligible for (a) legal advice and assistance and (b) legal aid for civil purposes irrespective of the level of contribution;
226W(3) what is the proportion of the adult population of Scotland currently eligible for (a) legal advice and assistance and (b) legal aid for civil purposes on a nil contribution;
(4) what proportion of the adult population of scotland is currently eligible for (a) legal advice and assistance and (b) legal aid, for civil purposes irrespective of the level of contribution.
§ Lord James Douglas-Hamilton[holding answer 18 January 1993]: Given the variations over time in individuals' circumstances it is not possible to estimate with any precision the proportion of the adult population eligible for legal aid.
Analyses of data from the family expenditure survey suggest that in Scotland the percentage of households which would be eligible for civil legal aid under the proposed changes to eligibility criteria would be in the range of 45 to 55 per cent. with between 20 and 30 per cent. free of contributions. Similar figures would apply to advice and assistance. This represents a reduction of between 5 and 10 per cent. of the households currently eligible in financial terms.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland what consultations he had with relevant parties and bodies prior to his announcement of 16 November 1992 of reduced access to civil legal aid and legal advice and assistance in Scotland; and how many legal applicants are likely to be affected by the announced changes after 1 April.
§ Lord James Douglas-Hamilton[holding answer 18 January 1993]: No detailed consultations were held before the announcement on 16 November 1992, but discussions have since taken place with the Scottish Legal Aid Board and the Law Society of Scotland.
Given the variations over time in individuals' circumstances it is not possible to estimate with any accuracy how many legal aid applicants are likely to be affected after 1 April by the proposed changes but I refer the hon. Member to my reply today to the questions by the hon. and learned Member for Fife, North-East (Mr. Campbell).
§ Mr. KirkwoodTo ask the Secretary of State for Scotland if he will list for each of the last five years for which figures are available the number of civil legal cases which occurred in sheriff courts in Scotland by category of case, indicating the percentage increase over the period for each category.
§ Lord James Douglas-Hamilton[holding answer 18 January 1993]: Figures for the number of ordinary cause, summary cause and small claim actions disposed of in sheriff courts in Scotland are set out in the table. The percentage increase or decrease between 1987 and 1991 is also shown except for small claims where the figure relates, to the period 1989 to 1991.
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Ordinary cause Summary cause Small claims Total 1987 47,555 121,996 — 169,551 1988 47,735 109,745 — 157,480 1989 46,232 51,881 62,520 160,633 1990 49,308 41,941 83,119 174,368
Ordinary cause Summary cause Small claims Total 1991 54,512 44,758 87,769 187,039 Percentage Increase/ Decrease 1987–1991 (1989–1991 for Small Claims) +14.6% –63.3% +40.4% +9.7
Civil Legal Actions in Sheriff Courts Subject Matter Average Cost Per Case to Scottish Legal Aid Fund 1987–88 1988–89 1989–90 1990–91 1991–92 Divorce 2 year separation (Pursuer) 452.80 450.99 459.59 490.13 573.71 Divorce 2 year separation (Defender) 443.22 481.89 478.10 461.12 641.20 Divorce 5 year separation (Pursuer) 460.08 481.90 488.15 512.80 600.38 Divorce 5 year separation (Defender) 552.34 784.43 711.73 717.31 770.64 Divorce Other Grounds (Pursuer) 644.13 638.36 698.93 749.27 814.21 Divorce Other Grounds (Defender) 607.42 620.85 714.81 724.24 831.41 Separation 536.30 661.24 703.21 781.59 789.94 Aliment 475.46 464.17 472.27 486.48 476.98 Husband and Wife Miscellaneous 491.26 459.54 513.84 551.07 622.15 Affiliation/Aliment 501.41 561.13 627.91 635.51 664.75 Custody 529.35 481.81 606.60 635.49 683.25 Adoption 305.85 272.64 267.62 354.04 563.55 Parent and Child Miscellaneous 478.10 526.26 635.11 575.14 711.56 Reparation 673.71 890.29 1,058.76 1,011.98 1,405.83 Diligence — 102.25 213.25 3,010.33 686.44 Other — 348.59 408.50 450.68 502.10 Total 560.22 534.50 603.55 636.59 699.11
§ Mr. KirkwoodTo ask the Secretary of State for Scotland how much Her Majesty's Government expects to save in civil legal aid expenditure in Scotland from 1 April as a result of the changes announced on 16 November 1992 in financial eligibility; and if he will make a statement.
§ Lord James Douglas-Hamilton[holding answer 18 January 1993]: The purpose of the proposed changes announced on 16 November 1992 is to ensure the continuation of reasonable access to legal aid for the most needy, while at the same time taking action to control the rate of growth in legal aid expenditure. Depending on the detailed circumstances of the individual cases involved, the proposed changes are expected to reduce forecast expenditure on civil legal aid in future years by between £2 million and £3 million. Total expenditure on legal aid will, however, continue to increase and in financial year 1995–96 is expected to be 40 per cent. higher than the planned expenditure for the current financial year.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland what has been the average contribution paid by legal aid recipients in each category of civil legal action over the past five years for which figures are available.
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§ Mr. KirkwoodTo ask the Secretary of State for Scotland what has been the average cost per case to the civil legal aid budget in each category of civil legal actions occurring in sheriff courts in Scotland over the past five years for which figures are available.
§ Lord James Douglas-Hamilton[holding answer 18 January 1993]: The information is as follows:
§ Lord James Douglas-Hamilton[holding answer 18 January 1993]: The information is not readily available in the form requested.
Over 80 per cent. of those receiving civil legal aid are not required to pay any contribution. The average contribution paid by recipients of civil legal aid falling within the contributory band in the financial years 1987–88 to 1991–92 is set out in the following table:
Year Average contribution £ 1987–88 486.46 1988–89 342.88 1989–90 262.50 1990–91 228.95 1991–92 321.12