HC Deb 17 March 1994 vol 239 cc761-2W
Mr. Alton

To ask the Parliamentary Secretary, Lord Chancellor's Department how the practice of paying counsel directly who have been instructed by solicitors acting for the Legal Aid Board accords with the professional rules and practice which should apply to counsel receiving fees directly from clients.

Mr. John M Taylor

There is no professional rule which requires payments to counsel to be made by the instructing solicitors rather than by the solicitor's client. It is customary for payment to be made by the solicitor but this is not a requirement, professional or otherwise. Direct payment to counsel by the Legal Aid Board, or by any client, avoids unnecessary work and delay.

Mr. Redmond

To ask the Parliamentary Secretary, Lord Chancellor's Department what is his latest estimate for 1993–94 of the percentage of(a) civil and (b) criminal legal aid applications processed by the Leeds legal aid board within (i) two weeks, (ii) six weeks and (iii) over six weeks.

Mr. John M. Taylor

(a) In the 11 months to the end of February 1994 the Leeds area office of the Legal Aid Board processed 81.2 per cent. of applications for civil legal aid within two weeks and 94.9 per cent. within six weeks; 5.1 per cent. took more than six weeks.

(b) The grant of criminal legal aid is for the most part the responsibility of the magistrates' courts and the Crown court. However, in certain circumstances, area committees of the Legal Aid Board consider applications for review of refusal of grant by the courts. Information on the length of time taken to process applications for criminal legal aid or applications for review is not available.

Mr. Alton

To ask the Parliamentary Secretary, Lord Chancellor's Department what proportion of time and resources are currently spent on franchising and BS5750.

Mr. John M. Taylor

The board's management systems accredited under BS5750 are the mechanism by which the Legal Aid Board processes work and therefore represent a central call on the resources directed to processing and furthering individual cases. Over 90 per cent. of the board's employees are involved in such work. A small central team of three staff has the responsibility of maintaining the documentation of the management system and ensuring necessary control systems are in place to monitor compliance. The number of full-time equivalent staff employed on franchising will be between 70 and 80; approximately 5 per cent. of the board's employees.

Mr. Redmond

To ask the Parliamentary Secretary, Lord Chancellor's Department what percentage of(a) civil and (b) criminal legal aid applications processed by the Leeds Legal Aid Board for the years (i) 1992–93 and (ii) 1993–94 to date had to pay a contribution towards their legal aid costs.

Mr. John M. Taylor

(a) In respect of civil legal aid, the Legal Aid Board does not maintain separate figures for individual area offices on this point. Nationally the figures are as follows: (i) 14.1 per cent., and (ii) 14.2 per cent.

(b) The Legal Aid Board has only very limited involvement in the grant of criminal legal aid which, for the most part, is the responsibility of the magistrates courts and the Crown court. In 1992, the last year for which figures are available, about 5.8 per cent. of grants of criminal legal aid made by the courts were subject to a contribution.

Mr. Alton

To ask the Parliamentary Secretary, Lord Chancellor's Department on how many occasions the Legal Aid Board has sought to argue that a successful legally aided litigant's costs can be paid out of the legal aid fund in any event and so it does not make any difference to the successful legally aided litigant or his solicitors and counsel whether the costs of the successful litigation against the Legal Aid Board are paid out of the legal aid fund or out of the Legal Aid Board's own budget for conducting litigation.

Mr. John M. Taylor

The information requested is not available. The decisions reached as to costs and costs orders made by the courts in proceedings involving the Legal Aid Board will, however, reflect all the circumstances of the litigation.