§ Mr. GarnierTo ask the Minister of State, Lord Chancellor's Department if he will list which areas of expenditure in his Department in the non-criminal legal aid budget will be funded first when the criminal legal aid budget has been met; and if he will make a statement about how these areas have been determined. [R] [81120]
§ Mr. HoonIt is an oversimplification to suggest that help through the Community Legal Service will be provided only after claims for criminal work. The Lord Chancellor has said that there will not be an overall budget for legal aid or a cash limit. In order to make the expenditure in each area transparent, the Lord Chancellor has made a commitment to inform Parliament immediately of any transfer of resources (other than a deminimis one) between the Criminal Defence Service and the Community Legal Service. The Lord Chancellor will direct national priorities for public funding taking account of the findings of need and the Government's intention to give priority to tackling social and economic exclusion. The White Paper "Modernising Justice" indicated that likely areas of priority would be social welfare cases; other cases of fundamental importance to the people affected (such as child protection, and protecting people from violence); and cases involving a wider public interest. The Access to Justice Bill places a duty on the Legal Services Commission to assess the need for legal services throughout the country and to 533W inform the Lord Chancellor of its findings, these findings will be used to direct resources so that identified priority areas receive funding.
§ Mr. GarnierTo ask the Minister of State, Lord Chancellor's Department what assumptions he has made about factors affecting the need for criminal legal aid with particular reference to(a) demographic trends, (b) economic trends, (c) social trends and (d) policy changes in arriving at the estimated expenditure on criminal legal aid for 1999-2000 and 2000–01; and if he will make a statement. [R] [81118]
§ Mr. HoonNo explicit assumptions are made about demographic, economic or social trends. However, forecasts do take account of inflationary pressures and planned policy change effects. The assumptions underpinning the likely impact of policy change effects take account of price, volume and behavioural changes.
Mr. GamierTo ask the Minister of State, Lord Chancellor's Department if he has set a level of funding for(a) civil legal aid and (b) advice and assistance below which he does not consider it viable to reduce them for (1) 1999–2000 and (2) 2000–01; and if he will make a statement. [R] [81119]
§ Mr. HoonNo minimum levels of funding for civil legal aid and advice and assistance have been set. Neither I nor the Lord Chancellor believe that any Minister in a responsible Government would be willing to guarantee that a given level of spending on a particular function would be maintained, whatever financial pressures might fall unexpectedly on his or her Department.
We are, however, determined that the Community Legal Service, which will encompass civil legal aid and advice and assistance, will be properly funded. The available resources will be committed to the Community Legal Service through the system of contracting, and will be allocated to meet priority need. In order to provide contractors with reassurance that funding will not be suddenly cut or contracts terminated, the Lord Chancellor has asked the Legal Aid Board to extend from six to twelve months the notice that will need to be given to vary or terminate a contract, except in cases of misbehaviour or breach.