§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether he will give consideration to relaxation of the criteria governing determination of hardship provisions under the Legal Aid (Scotland) Act 1986 Amendment Regulations 1988 where(a) a pursuer, and (b) a defender to a small claims process has been in receipt of advice and assistance cover in respect of such small claims and where property has been recovered or preserved by such pursuer or defender.
§ Lord James Douglas-HamiltonI see no need to do so. The regulations provide that in cases where the recovery provision might, in the opinion of the solicitor, cause grave hardship or distress to the client or could be effected only with reasonable difficulty because of the nature of the property, the solicitor may apply to the board for authority not to enforce payment of his fees or outlays out of any property recovered or preserved.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what recommendations his Department has received from the Scottish Legal Aid Board on the need for additional resources to enable it to discharge its statutory functions; and what response has been made.
Lord James Douglas-HamilitonFollowing representations from the Scottish Legal Aid Board, additional funds have been made available for legal aid adminstration increasing this year's provision from £4.96 million to £5.09 million. In addition, the planned expenditure on the Scottish legal aid fund has been increased—subject to parliamentary approval of the necessary supplementary estimate—from £52 million to £54 million to meet increased demand.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether he has any plans to amend the Legal Aid238W (Scotland) Act 1986 to remove the disentitlement to payment of solicitors for work necessarily and reasonably done.
§ Lord James Douglas-HamiltonThe Act contains no such provision.