§ Mr. Shersbyasked the Attorney-General what are the criteria for eligibility for legal aid in respect of matrimonial cases in terms of the citizenship held by either of the parties concerned; whether such aid is confined to British citizens of small or moderate means; and whether it is available when one partner to a marriage is of another nationality.
§ The Attorney-GeneralCivil legal aid in England and Wales is available to anyone, regardless of nationality,10W who wishes to take or defend proceedings before the courts in England and Wales, subject to the applicant qualifying on the usual means and merits grounds.
§ Mr. Shersbyasked the Attorney-General what is the current annual gross expenditure on legal aid in respect of matrimonial cases for the most recent 12-month period for which figures are available; and what are the comparable figures in real terms for the same period five and 10 years ago, respectively.
§ The Attorney-GeneralGross expenditure on civil legal aid in matrimonial cases for the financial year 1984–85, which is the latest period for which figures are available, was £69.3 million. In 1980–81 it was £30.2 million. Since 1980, domestic proceedings in the magistrates court have been dealt with under assistance by way of representation (ABWOR) rather than legal aid. Expenditure on that was £11.2 million in 1984–85 and £2.6 million in 1980–81. In 1975–76, gross expenditure on all matrimonial proceedings, including those now covered by ABWOR, was £16.4 million. This figure is, however, not fully comparable with those for 1980–81 and 1984–85 because it includes expenditure on decree proceedings in undefended divorce from which legal aid was withdrawn in 1977.
If the movement in the RPI since 1975 is used to deflate the above figures they become:
£ million 1975–76 16.4 1980–81 *15.4 1984–85 †26.3 * Legal aid plus £1.3 million (ABWOR). † Legal aid plus £4.3 million (ABWOR). The figures given do not include the cost of advice and assistance on matrimonial matters given under the green form scheme.