LEGAL AID EXPENDITURE, SCOTLAND (Hansard, 17 November 1992)

§ The Minister of State, Scottish Office (Lord Fraser of Carmyllie)

Expenditure on legal aid in Scotland has almost doubled over the past five years. In line with the proposals for England and Wales recently announced by my noble and learned friend the Lord Chancellor, we propose to introduce the following measures in order to ensure that expenditure on legal aid in Scotland does not rise even faster.

As far as financial eligibility for civil legal aid is concerned, our objective is to strengthen the legally-aided clients' financial interest in the progress of the case and to bring the means assessment for legal aid more closely into line with that used for other means-tested benefits. We therefore intend to lay regulations to provide that, from 1st April 1993, the lower income limit for civil legal aid (i.e., the limit of disposable income below which an applicant for legal aid pays no contribution) will be reduced to the equivalent income support limit. This means that, on current figures, the limit would be reduced from £3,060 per annum to £2,213 per annum. We propose to make equivalent changes to eligibility for advice and assistance.

The upper eligibility limits for civil legal aid (i.e., the limits of disposable income above which an applicant for civil legal aid ceases to be eligible for assistance) will not be increased in April 1993.

We also intend to lay regulations providing that:

from 1st April 1993, dependants' allowances for civil legal aid will be reduced to income support levels;
from 1st April 1993, all those granted civil legal aid will be required to pay a contribution of one-third of their disposable income above the lower limit; and
only those who would qualify for assistance free of contributions shall, from 1st April 1993, be able to receive advice under the advice and assistance scheme.

We do not propose to alter at present the existing financial eligibility criteria for criminal legal aid.