HC Deb 16 December 1925 vol 189 cc1432-4W
Mr. CAPE

asked the. Attorney-General the number of poor persons, in matrimonial cases proceeding under the Poor Persons Rules, in each of the years 1922 and 1924 whose cases were decided by the Courts; and the number of such poor persons for each of such years who received back or wore repaid any portion of the deposit paid pursuant to the Poor Persons Rules?

The ATTORNEY - GENERAL

The numbers of persons admitted to sue as poor persons in matrimonial causes under the Rules which came into operation in 1922, to whom decrees were granted in that year, was 291. 253 of these persons received back the whole or a part of the deposit paid by them under those Rules. The number of persons so admitted to whom decrees were granted in 1924 was 499. Of these, 431 received back the whole or a part of the deposit paid pursuant to the Rules. These figures in both cases are as near as can be ascertained.

Mr. CAPE

asked the Attorney-General whether he can give the number of poor persons admitted to institute, defend, or be parties to civil proceedings in the Supreme Court under the Poor Persons Rules, and whose cases or applications have been favourably reported on by the reporting solicitors or some other authority, but which have not yet been brought before the Courts because no conducting solicitor, whose out-of-pocket expenses have been reduced since 1919 by some 50 per cent. , is willing to take up such cases, or for some other and, if so, what reason; and giving the date when the earliest of such poor persons was admitted to proceed under the Rules?

The ATTORNEY-GENERAL

No, Sir. The information is not available, nor have I the means of obtaining it.

Mr. CAPE

asked the Attorney-General whether he is aware that as the cases of nullity proceedings by poor persons under the 1914 or 1925 Rules amount to at least £20 for an average case, and that as a poor man proceeding under such Rules, though he may be able to provide his own personal out-of-pocket expenses, in most cases cannot also provide his wife's costs and out-of-pocket expenses; and whether as any poor person as to all types of cases under the Poor Persons Rules may require to have service effected and evidence obtained abroad, where the cost in an average case amounts to at least £25, he will recommend or cause recommendations to be made in the proper quarters to secure provision of the payment of expenses to poor persons so situated, and who are entirely without means and destitute?

The ATTORNEY - GENERAL

The answer to this question is in the negative.

Mr. GILLETT

asked the Attorney-General whether, seeing that the Report of the first Committee, presided over by Mr. Justice P. O. Lawrence [Command 430], when considering decentralised administration, came to the conclusion that decentralisation, even as to travelling expenses, would not in all cases reduce the expenses of poor persons, and expressed the opinion that only officials of the Court should deal with matrimonial cases in their preliminary stages as, if local people became acquainted with the facts, it would no doubt lead to publicity of the proceedings in the locality prior to the hearing, which the Report stated would be most undesirable; and whether, as the Report of the second Committee, presided over by Mr. Justice P. O. Lawrence [Command 2858], recommended decentralised administration in connection with Poor Persons Rules, and suggested that a clerk or librarian should examine any application made by a poor person, and then send for the applicant for a personal interview at which the facts were to be disclosed, and having regard to the Report of the first Committee of Mr. Justice P. O. Lawrence, and to that part of the Report of the second Committee of Mr. Justice P. O. Lawrence which emphasised the importance of the relationship between the legal agent and the poor person which is dependent upon the skill and honesty of such agent and involves complete trust and independence, he will consider whether, and if thought desirable make recommendations, a proper bureau or law office be established by each law society in its district where applications from poor persons can be considered by a trained lawyer, and where also the committee of solicitors can adjudicate upon such applications?

The ATTORNEY-GENERAL

I do not propose to make any recommendations for any change in the system proposed to be set up under Mr. Justice Lawrence's second Report until that system has had a fair trial. The system proposed is substantially that which the hon. Member appears to desire