§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what improvements are planned for the system of selecting solicitors and counsel to act for the Legal Aid Board in the future; and what consideration has been given to providing an opportunity for all suitably qualified firms of solicitors and counsel to benefit from the available work which the Legal Aid Board is able to provide.
Mr. John M. TaylorNo changes are planned. Suitably qualified solicitors and counsel are instructed by the board as required. Any suitably qualified firm of solicitors or counsel have the opportunity to be instructed just as they have the opportunity to be instructed by any other client choosing a legal representative.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what directions and other guidance are given to solicitors and counsel acting for the legal aid fund to ensure that costs from unsuccessful non-legally aided litigants are recovered for the benefit of the legal aid fund.
Mr. John M. TaylorThe instructions given by the board will depend on the nature of the particular case. In general terms, the board will seek to recover costs wherever possible.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many cases have been decided or settled against the Legal Aid Board.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what rates of remuneration have been claimed since the creation of the Legal Aid Board by firms of solicitors acting for the Legal Aid Board in litigation; if he will specify the expense rates and mark-up claimed by such firms of solicitors in their bills and the period or periods to which such charges relate; and what are the comparable rates allowed upon taxation and the proposed civil legal aid rates.
Mr. John M. TaylorInformation on the rates of remuneration since the creation of the board claimed by firms of solicitors acting for the board and on the expense rates and mark-up rates claimed by those firms is not available. A prescribed hourly rate for civil non-matrimonial cases came into force on 25 February 1994. Details of the rates and their application are given in the following statutory instruments which are available from HMSO:
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SI 1994/228 Legal Aid in Civil Proceedings (Remuneration) Regulations 1994
SI 1994/229 Civil Legal Aid (General) (Amendment) Regulations 1994 SI 1994/230 Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1994
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many bills submitted by firms of solicitors acting for the Legal Aid Board have been reduced by negotiation or taxation; and what amounts have been saved in real and percentage terms.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many firms of solicitors have been instructed by the Legal Aid Board's head office legal department to conduct litigation on behalf of the Legal Aid Board.
Mr. John M. TaylorThe information is not readily available and could be obtained only at disproportionate cost.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how much has been paid by the Legal Aid Board since its creation to(a) firms of solicitors instructed by the Legal Aid Board to represent the Legal Aid Board in litigation, (b) the firm of Messrs. Collyer-Bristow when instructed to act for the Legal Aid Board in litigation and (c) counsel instructed to act for the Legal Aid Board in litigation.
Mr. John M. Taylor(a) The information requested is not available. (b) It is not the Legal Aid Board's policy to disclose details of a commercially confidential nature between itself and its suppliers. (c) The information requested is not available.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what redundancies are being made at the Liverpool area office of the Legal Aid Board; who is being made redundant; what are their qualifications and experience; how many years service they have had in being employed in dealing with legal aid matters by(a) the Legal Aid Board and (b) the Law Society when it was responsible for administering legal aid.
Mr. John M. TaylorA voluntary redundancy scheme has been introduced and 17 volunteers are being sought. The Legal Aid Board cannot predict with certainty which staff will volunteer.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many staff have been, are and will be engaged in the Liverpool area office of the Legal Aid Board on franchising; and how much time has been, is being and will be spent on franchising.
Mr. John M. TaylorUp to now, three senior staff at the Liverpool area office have been engaged on a part-time basis carrying out preliminary audits. Over the next four to six months an additional six quality auditors will be engaged at that office on a part-time basis on the pre-contract audits. Excluding training in the current financial year, the equivalent of one full-time member of staff has been engaged on franchising. In the next financial year, with the commencement of pre-contract audits this figure will increase to approximately four full-time equivalents. This figure will increase if a higher than predicted number of applications is received in this office.
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§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what the staff levels, taking account of qualifications and experience to be employed by the Liverpool area office of the Legal Aid Board will be after the redundancies which are to take place; and what were the comparable staff levels employed prior to(a) the creation of the Legal Aid Board and (b) the redundancies.
Mr. John M. TaylorSeventy-three staff will be employed in the Liverpool area office post the redundancy programme; 80 staff were employed in the office in 1988 prior to the board's creation. The number of staff employed in March 1994 prior to any staff leaving under the voluntary redundancy programme is 90.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what criteria are used to select solicitors firms and counsel to be instructed by the Legal Aid Board; what are the costs considerations involved; and who is responsible for the selection.
Mr. John M. TaylorThe criteria used for these purposes are value for money, fitness for purpose and delivery against price. The costs considerations are value for money given the nature, complexity and importance of the matter. A number of individual staff are responsible for the selection of solicitors' firms and counsel, depending on the nature of the particular matter.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many court actions have been brought by and against the Legal Aid Board since its creation; in how many cases the Legal Aid Board has conducted such litigation by solicitors(a) employed at the Legal Aid Board area offices, (b) employed by at the legal aid head office and (c) in private practice.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what volumes of work have been received by the legal aid area office in Liverpool immediately prior to its creation and in each year thereafter; and how the volume of work is calculated and recorded.
Mr. John M. TaylorIn 1988–89, immediately prior to the Legal Aid Board's creation, the Liverpool area office handled 51,041.9 units of work. The table shows work volumes for each full year since then.
Units 1989–90 53,199.2 1990–91 51,975.4 1991–92 57,485.8 1992–93 65,706.2 Units of work are calculated using a series of weighted calculations derived from the standard times necessary to complete specific transactions. The volume of work is calculated and recorded by computer.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how much the Legal Aid Board's administration and the legal aid fund, respectively, has had to pay by way of(a) damages and (b) costs in respect of litigation in which the Legal Aid Board has been unsuccessful.
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§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how quickly bills submitted to the Legal Aid Board by firms of solicitors acting on its behalf have been paid; and what scrutiny, including referring the matter for taxation, takes place before such bills are paid.
Mr. John M. TaylorThe information requested on the speed with which the board pays firms of solicitors which have acted for it is not available. Bills received from solicitors instructed to act for the board are scrutinised by the Department which has been responsible for issuing the instructions. If necessary, the board would apply for a solicitor and own client taxation in respect of a bill submitted by a solicitor instructed to act for it.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many cases have been brought by or against the Legal Aid Board since its creation by a party who is legally aided.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many sets of counsels' chambers and individual counsel have been instructed to represent the Legal Aid Board in litigation.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what fees have been paid directly by the Legal Aid Board to counsel who have been instructed by firms of solicitors acting for the Legal Aid Board.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what staff will be left in the Liverpool legal aid area office following the redundancies; and what are the qualifications and experience of the remaining staff.
Mr. John M. TaylorSeventy-three staff will be employed in the Liverpool area office after the redundancy programme. It is not possible to say what the mix of staff will be after the redundancy exercise. The redundancy exercise is a voluntary arrangement and the Legal Aid Board cannot predict with any certainty which staff will volunteer.
§ Mr. AltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what cost has been involved in franchising at the Liverpool area office of the Legal Aid Board to date; what further costs are envisaged; what savings have been made as a result of franchising in real terms; and how such savings have been calculated.
Mr. John M. TaylorThe cost of establishing franchising in the Liverpool area office has been the cost of training four existing staff and of recruiting and training five additional staff. Excluding salaries this is estimated to be £42,500. The cost of running franchising in the Liverpool office on an on-going basis is £100,000 per annum.
557WFranchising has been introduced to ensure the delivery of a quality assured, value for money legal aid service from the board's suppliers, mainly solicitors. Franchising has not been introduced to achieve savings in the administration costs of legal aid.