§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans the Government have to alter the current system of rewards to Legal Aid Board managers who process claims quickly. [110019]
§ Mr. LockThe terms and conditions of the Legal Aid Board's staff are determined by the Board, with the approval of the Lord Chancellor and the consent of the Treasury.
The current system of performance-related pay awards to Legal Aid Board staff is based upon a comprehensive appraisal of overall performance in terms of achievement of targets, standards and personal competency. The Government maintain a general overview of pay structures in non-departmental public bodies. There are no proposals at this time to alter the Board's current performance-related pay system.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department what action he plans to take to ensure transparency and public accountability in the workings of Legal Aid Board offices, with particular reference to the Reading Area Office. [110013]
§ Mr. LockAs a non-departmental public body, the Legal Aid Board is required to comply with Government Accounting standards in its management of public funds. The Board provides information about its activities in its Annual Report and Accounts, which are laid before Parliament and published, and in accordance with the principles in the Code of Practice on Access to Government Information.
Members of the Board are appointed by the Lord Chancellor, and have responsibility for ensuring high standards of corporate governance, including openness.
I am prepared to consider carefully and refer to the Board as appropriate any evidence of misconduct or breakdown of these arrangements at the Reading area office.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the ability of the current management of the Legal Aid Board, with particular reference to the Reading Area Office, to implement planned changes to legal services. [110014]
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§ Mr. LockI have confidence in the ability of the current management of the Legal Aid Board to deliver the legal aid reforms successfully. My view is supported by the work of Mr. Victor Benjamin, who agreed in December 1998 to act as the Lord Chancellor's Independent Business Adviser on Legal Aid Reform. Mr. Benjamin was asked to form a view of the Board's ability to develop the managerial and strategic systems to implement the new arrangements and monitor them in the future. Mr. Benjamin visited a number of the Board's area offices, including Reading, and has expressed confidence in the ability of the Board to deliver the reformed scheme.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will invite past, present, temporary and permanent staff at the Reading Area Legal Aid Board office to comment anonymously about practices at the centre. [110016]
§ Mr. LockI am, of course, willing to listen to any concerns by past, present, temporary and permanent staff about allegations of impropriety at any of the Board's offices. Where such complaints give rise to matters of legitimate concern, I will ensure they are properly investigated within the constraints inherent in anonymous complaints. The Board has in place established procedures for staff to raise concerns regarding any illegal, improper or unethical behaviour within the Board. These procedures provide for concerns to be raised in confidence with the Board's Head of Internal Audit.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the measures in place at Legal Aid Board offices to prevent computer fraud and consequent abuse of public funds. [110018]
§ Mr. LockThe Chief Executive of the Legal Aid Board, as Accounting Officer, is responsible for ensuring that an adequate control framework is in place to ensure that public funds are suitably protected from fraud and abuse. The Legal Aid Board's Annual Accounts, which are published in its Annual Report, contain a statement by the Accounting Officer giving assurance on the Board's system of internal financial control.
Access to the Board's computer systems is controlled through the use of passwords, and a detailed auditable trail of all transactions undertaken is provided.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the Legal Aid Board's compliance with section 38 of the Legal Aid Act 1988. [110020]
§ Mr. LockSection 38 of the Legal Aid Act prevents disclosure of information concerning an application for legal aid to any unauthorised third party. On the information before me at present, I am satisfied that the Board takes its responsibilities seriously and is careful to comply with section 38.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will investigate the activities of the Reading area office and committee of the Legal Aid Board. [110001]
§ Mr. LockMy hon. Friend has raised concerns about the operation of the Reading legal aid area office with me and my predecessor. The Board is responding to these concerns. If evidence of impropriety on the part of any454W office of the Board came to light, the Lord Chancellor would, if appropriate, authorise an independent inspection of the Board's systems and activities and seek explanations from the Board where necessary.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department what measures he plans to take to ensure the Legal Aid Board prevents double payments and payments to fraudulent and fictional clients. [110017]
§ Mr. LockThe Board has in place controls to reduce the risk of duplicate or fraudulent payments being made. The Chief Executive's statement on internal financial control, which is informed by the ongoing work of the Board's internal and external auditors and executive managers, has provided assurance to the Government and Parliament that the procedures being operated give an adequate level of control over the Board's financial systems. The Government will remain vigilant to ensure that every reasonable step is taken to prevent double payments and payments to fraudulent and fictional clients.
§ Mr. SalterTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will investigate reports that staff at the Reading Area Legal Aid Board office are required to make up missing details on legal aid application forms. [110015]
§ Mr. LockThe Board's computer system provides a facility for the collection of a great deal of information, not all of which is essential for the purposes of assessing legal aid applications. Where supervisors are otherwise satisfied about the validity of an application or claim, and where the cost of obtaining any missing information could not be justified they may authorise certain information not to be entered. For example, in some cases where the client's date of birth is omitted from a form, staff may be authorised to enter a notional date on the computer, but only where this will not compromise proper control over legal aid expenditure.