§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if he will list in theOfficial Report all cases and circumstances in which solicitors are entitled to make applications to the Scottish Legal Aid Board for a verbal grant of legal aid cover under the emergency legal aid scheme; and if he will make a statement on the possibility of extending those cases and circumstances.
§ Lord James Douglas-HamiltonThe Scottish Legal Aid Board will grant emergency legal aid in response to an oral application for civil legal aid in the following categories
when there is imminent danger of assault to the pursuer and an interdict is sought; when there is a serious risk of child-snatching or a child has been snatched very recently and proceedings must be brought for custody and/or delivery and/or interdict; where a defender has to oppose a motion for custody, interim aliment or orders under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.An announcement to this effect was made in the September 1987 edition of the "Journal of the Law Society of Scotland". A copy is available in the Library.
It is for the board to consider whether an extension to the special categories should be made. The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 1988, which were laid before the House on 11 July, will extend the categories of work which can be undertaken before an application is made to the board. This should help to reduce the present number of emergency applications being made.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether he will direct the Scottish Legal Aid Board to ensure that, where an application for an increase to the level of the authorised cover under an advice and assistance scheme certificate was initially refused but subsequently successfully reviewed, the effective date of increase should be from the date of initial refusal.
Lord James Douglas HamiltonMy right hon. and learned Friend has no power to give such a direction. There is no provision for review of refusal by the board of an application to exceed the financial limit for legal advice and assistance, which is currently £50 but is planned to be increased to £60 from 1 August. If additional information becomes available, any further authorisation granted is effective only from the date of approval.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if he intends to review the seven-day time deadline within which solicitors must submit to the Scottish Legal Aid Board completed applications for emergency legal aid cover under the full civil legal aid scheme; and if he will make a statement.
Lord James Douglas HamiltonThe Scottish Legal Aid Board currently requires within seven days a written application for emergency legal aid where authority to proceed in urgent cases has been given by telephone. The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 1988, laid before the House on 11 July, extend the range of specified urgent steps a lawyer can take on498W behalf of the client without prior approval of the board. This change should significantly reduce the current number of emergency grants of legal aid.
The regulations have been developed in consultation with the Law Society of Scotland and the board following my right hon. and learned Friend's undertaking to take account of various representations.