§ Mr. Jim CunninghamTo ask the Parliamentary Secretary, Lord Chancellor's Department what representations he has received on the likely effect of the changes to legal aid regarding the combination of fees for advocacy and litigation in criminal cases in magistrates courts in the willingness of solicitors to undertake advocacy work; and if he will make a statement.
Mr. John M. TaylorThere have been no recent changes in legal aid payments in criminal cases in the magistrates courts which have resulted in combined fees for litigation and advocacy. I have no plans to introduce2W such changes. Accordingly, I have received, no representations about this subject.
§ Mr. Cyril D. TownsendTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the qualifications for legal aid.
Mr. John M. TaylorTo qualify for civil legal aid, an applicant must be able to show that he or she has reasonable grounds for taking or defending an action and that it is reasonable in all the circumstances of the case that legal aid be granted. He or she must also be assessed as having disposable income and capital within limits laid down in regulations. These are currently £7,060 for income and £6,750 for capital; the figures are £7,780 and £8,560 for personal injury cases. An applicant for criminal legal aid must be able to show that it is in the interest of justice that legal aid be granted, and that he requires help in meeting the costs of his case.
§ Mr. FlynnTo ask the Parliamentary Secretary, Lord Chancellor's Department what was the total number of medical legal aid cases which were received between January 1983 and December 1993; and how many of these cases required a tribunal sitting.
Mr. John M. TaylorLegal aid is not available for the majority of cases dealt with by tribunals. Legal aid is available, however, for pursuing claims in the civil courts. The number of legal aid certificates issued in respect of medical negligence cases is available only on a financial year basis; between April 1983 and March 1994 approximately 81,000 civil legal aid certificates were issued in total. Information is not available as to the means of disposal of those cases.
§ Mr. FlynnTo ask the Parliamentary Secretary, Lord Chancellor's Department what estimate he has made of the amount and the percentage of the legal aid budget that was spent in the past three years by those claiming (a) because their financial assets were frozen and (b) they were bankrupt.