§ Mr. Dewarasked the Secretary of State for Scotland if he will publish tables equivalent, respectively, to (a) schedule 8, (b) schedule 9, (c) schedule 10 and (d) schedule 11 in the 31st annual report on the Scottish legal aid scheme 1980–81 for the year to 31 March 1982 and for the latest convenient periods for which figures are available in each case.
§ Mr. Allan StewartThe information relating to 1981–82 is set out in the following tables:
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Amount paid Fees Counsel Outlays Number of accounts Average cost per case £ per cent. per cent. per cent. £ p Miscellaneous 258,203 71.6 11.2 17.2 833 309.97 Total 1981–82 7,060,226 13,499 523.02
Sheriff Court Amount paid Fees per cent. Counsel per cent. Outlays per cent. Number of accounts Average cost per case £ p Husband and wife Separation 88,024 76.8 — 23.2 326 270.01 aliment 20,223 78.6 — 21.4 69 293.09 Parent and child affiliation and aliment 64,808 75.9 — 24.1 211 307.15 custody 368,240 78.4 0.2 21.4 1,530 240.68 adoption 33,223 66.4 — 33.6 187 177.66 miscellaneous 25,974 80.2 — 19.8 117 222.00 Reparation 414,628 77.1 2.7 20.2 1,307 317.24 Diligence 5,934 76.7 — 23.3 53 111.96 Employment Appeal Tribunal 3,193 62.6 23.5 13.9 11 290.27 Scottish Land Court 150 80.7 — 19.3 1 150.00 Miscellaneous 247,092 77.3 0.6 22.1 1,345 183.71 Total 1981–82 1,271,489 5,157 246.56
(b) Analysis of payments to solicitors in criminal cases High Court and Sheriff Court Amount paid Fees Outlays Number of appearances Average cost per appearance Number of sessions Average cost per session per cent. per cent. Duty solicitor £352,401 99.4 0.6 29,744 £11.85 9,774 £36.05
Amount paid Fees Counsel Outlays Number of appearances Average cost per appearance per cent. per cent. per cent. Duty solicitor beyond duty period £96,977 98.5 0.8 0.7 4,385 £22.12
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Amount paid Fees Counsel Outlays Number of cases Average cost per case £ per cent. per cent. per cent. £ p Cases in sheriff court disposed of without trial 1,056,983 86.0 0.6 13.4 7,007 150.85 Summary trials 4,773,759 85.3 0.7 14.0 19,519 244.57 Trials in sheriff court under solemn procedure 1,682,886 73.6 13.0 13.4 2,508 671.01 Trials in High Court 965,707 48.8 41.3 9.9 407 2,372.74 Section 102 cases or solemn cases where no evidence led 196,755 80.9 5.1 14.0 736 267.33 Proceedings under interim appeal certificates 5,574 64.8 21.0 14.2 30 185.80 Appeals by stated case 60,867 62.2 22.4 15.4 212 287.11 Appeals by bill of suspension 3,442 63.6 23.4 13.0 16 215.13 Appeals under solemn procedure 20,914 51.6 37.9 10.5 49 426.82 Appeals which did not proceed 17,378 70.7 15.2 14.1 121 143.62 Totals 8,784,265 30,605
(c) Analysis of payments made to solicitors in criminal cases District Court Amount paid Fees Outlays Number of appearances Average cost per appearance Number of sessions Average cost per session £ per cent. per cent. £ £ Duty solicitor 121,911 99.9 0.1 14,192 8.59 3,152 38.68
Amount paid Fees Counsel Outlays Number of appearances Average cost per appearance £ per cent. per cent. per cent. £ p Duty solicitor beyond duty period 13,408 98.6 0.4 1.0 617 21.93
Amount paid Fees Counsel Outlays Number of cases Average cost per case £ per cent. per cent. per cent. £ p Cases disposed of without trial 240,658 86.9 0.1 13.0 1,798 133.85 Summary trials 2,027,172 86.5 0.1 13.4 9,542 212.45 Proceedings under interim appeal certificates 921 80.1 6.3 13.6 6 153.50 Appeals by stated case 8,665 66.4 15.8 17.8 30 288.83 Appeals by bill of suspension 813 68.6 15.3 16.1 2 406.50 Appeals which did not proceed 2,357 73.6 12.3 14.1 16 147.31 Totals 2,280,586 11,394
(d) Disposal of applications for criminal legal aid (excluding appeals) Refused on account of: Considered Issued Means Other rights or facilities Section 1(7)(a)(ii) of the 1967 Act Other reasons SHERIFF COURT Summary procedure 35,274 31,085 1,450 62 1,878 718 Solemn procedure 6,424 6,347 31 6 not applicable 11 DISTRICT COURT 16,804 14,860 182 18 525 1,219
§ Mr. Dewarasked the Secretary of State for Scotland what has been the percentage increase in the average cost of a legally aided case under civil and criminal legal aid, respectively, in the last three and five years; and if he will give the percentage increase in the rate of fees chargeable in civil and criminal cases, respectively, in the same periods.
§ Mr. Allan StewartThe average cost of accounts paid for civil legal aid cases has risen by 65 per cent. from 1978–79 to 1981–82 and by 94 per cent. from 1976–77 to 1981–82. The equivalent figures for criminal legal aid—excluding duty solicitor cases—are 67 per cent. and 128 per cent. The overall effect of changes in the tables of fees for solicitors—excluding those in April 1982—for both civil and criminal cases is an increase of approximately 69 per cent. in the three-year period to 31 March 1982 and 120 per cent. in the five-year period to 31 March 1982. These percentage increases are not strictly comparable because of the time-lag between the increases in fees and their reflection in accounts paid.
§ Mr. Dewarasked the Secretary of State for Scotland if he will list the total cost of legal aid in Scotland for each of the last five years together with the percentage increase in each year and the total number of cases dealt with under legal aid in the same years both in total and percentage terms.
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§ Mr. Allan StewartThe information requested is as follows:
Net cost at outturn prices of legal aid (excluding administration and legal advice and assistance) £ million Percentage change 1977–78 6.7 — 1978–79 6.5 -3 1979–80 8.3 +27 1980–81 13.3 +61 1981–82 *18.8 +41 * Provisional.
Legal aid accounts paid Number Percentage change 1977–78 40,238 — 1978–79 38,515 -4 1979–80 42,400 +10 1980–81 51,243 +21 1981–82 61,552 +20
§ Mr. Dewarasked the Secretary of State for Scotland when he expects to publish the annual report of the Scottish legal aid scheme for the year to 31 March 1982.
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§ Mr. Allan StewartI expect the thirty-second annual report to be published during December.
§ Mr. Dewarasked the Secretary of State for Scotland what was the number of applications for legal advice and assistance in the year to 31 March 1982 or for the last convenient period for which figures are available; in what percentage of cases the applicant had no contribution to pay; how many applications were made for authority to incur expenditure in excess of the initial limit; and how many such applications were granted, both in numbers and as a percentage of all legal advice and assistance cases.
§ Mr. Allan StewartA total of 111,469 applications for legal advice and assistance were made in the year to 31 March 1982: in 88 per cent. of cases no contribution was paid: 33,471 applications were made to exceed the initial limit, of which 30,375—27 per cent. of all applications—were granted.
§ Mr. Dewarasked the Secretary of State for Scotland what is the present upper disposable income limit above which an applicant is ineligible for legal aid in civil proceedings together with the lower income limit below which no contribution is payable and the upper capital limit; and if he will list the variations in these figures over the last five years.
§ Mr. Allan StewartThe information requested is as follows:
Number of applications received Number of applications for legal aid considered Number of legal aid certificates issued Refused Approved Full Emergency on legal grounds on financial grounds House of Lords 4 1 — 1 1 — Court of Session 21,910 1,756 364 19,154 15,584 2,969 Sheriff Court 13,349 497 207 10,321 6,583 3,039 Scottish Land Court — — — 1 1 — Employment Appeal Tribunal 29 — — 35 21 13 TOTAL 1981–82 35,292 2,254 571 29,512 22,190 6,021 Note: There was a number of applications pending at the beginning and end of the year.
§ Mr. Dewarasked the Secretary of State for Scotland what is the difference in cost to the legal aid fund of an undefended divorce where the action originates outwith Edinburgh and two solicitors are therefore engaged in the action and the cost of an action where the pursuer initially instructs a solicitor in Edinburgh who has direct access to the Court of Session.
§ Mr. Allan StewartI regret that this information is not readily available on a comprehensive basis. Where an inclusive fee is charged the difference is £65.60.