§ Mr. DismoreTo ask the Parliamentary Secretary, Department for Constitutional Affairs if he will make a statement on the dispute with the Bar over legal aid in criminal trials. [169800]
§ Mr. LammyVery high cost criminal cases (VHCCCs) represent around 1 per cent. of all Crown court cases but take up (currently) around 51 per cent. of Crown court expenditure (£250–300 million). Over the last three years the percentage increase in the cost of the most expensive 1,000 criminal cases in each year has been 14 per cent. The new contracting scheme, which now applies to all these cases, introduces greater control and works on the basis of fixed rates for both barristers and solicitors. Cases are paid for as each stage is completed. That is an advantage from the lawyer's point of view over the former system where cases are on average paid two years after their start.
The Secretary of State for Constitutional Affairs and I are concerned about the refusal by barristers to take on some very high cost criminal cases (VHCCCs) under the contracting regime which now applies to all cases. We have therefore set up a Review Committee with the Bar and Law Society to examine the VHCCC regime and report by 28 May 2004. The committee also includes the Legal Services Commission, the Treasury and the Crown Prosecution Service. I am pleased to note that 485W the Chairman of the Bar has written to his members to help ensure that the essential public interest priorities are met pending the outcome of the review.
The VHCCC Review Committee met for the first time on 26 April, under the chairmanship of Ian Magee CB (Second Permanent Secretary at the Department of Constitutional Affairs, and Chief Executive, Operations with responsibility for legal aid). There was a useful exchange of views between the Bar, the Law Society, my Department and the Crown Prosecution Service and a programme of rapid work has been agreed, which should enable a full report to be prepared by 28 May.
The Review Committee's terms of reference are:
To examine the workings so far of the very high cost criminal case regime and to make recommendations on how its procedures and structures might be improved to provide a better service to clients and a better system for those working within it.The Review should consider:
the management and bureaucracy of the Scheme, including the balance between cost management and professional judgment;whether there are opportunities to rebalance payments in the scheme to address anomalies;the validity of the categories;whether there would be advantage in extending the upper threshold of the graduated fee scheme (i.e. whether the graduatedThe Review is to report on 28 May, unless parties agree to extend.
There is no commitment on the part of the Government to fund any measures, which would have the effect of increasing overall legal aid expenditure. But if the length of cases reduces overall, this may be reflected in increased rates.