HC Deb 19 November 1992 vol 214 cc329-33W
Dr. Berry

To ask the Parliamentary Secretary, Lord Chancellor's Department what proposals he has to alter the categories of representation on immigration matters available under the legal aid green form scheme.

Mr. John M. Taylor

None.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what was the sum total of money recovered in each year since 1987, by the Legal Aid Board and its predecessor by way of costs recovered either by award or by agreement between parties(a) in total, (b) for matrimonial legal aid and (c) for personal injuries.

Mr. John M. Taylor

The net sum of costs recovered by way of award or agreement between the parties by the Legal Aid Board in matrimonial cases and in total was as follows:

Year Matrimonial Civil Non-matrimonial Total
£ £ £
1987–88 3,567 41,473 46,473
1988–89 3,670 51,867 57,294
1989–90 3,995 63,916 69,220
1990–91 3,615 73,188 78,216
1991–92 3,751 91,916 97,170

Information on the amount of costs recovered by the Legal Aid Board in respect of personal injury cases is not available separately, but is included in the figures for non-matrimonial cases.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department how much has been paid by the Legal Aid Board and its predecessor to accountants in each year since 1987(a) in total and (b) in respect of matrimonial legal aid.

Mr. John M. Taylor

The Legal Aid Board does not specifically maintain statistics on the amounts it pays in respect of accountants' fees. It does, however, publish the amount paid on disbursements, of which accountants' fees are an element, in its annual reports. In each year between 1987–88 and 1991–92, the following amounts were paid by the Legal Aid Board in respect of disbursements, in total and in matrimonial cases:

£000s
Year Total Disbursements Matrimonial Disbursements
1987–88 33,478 8,653
1988–89 39,971 10,657
1989–90 49,791 11,224
1990–91 61,774 13,239
1991–92 84,788 15,897

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department how many legal aid certificates were issued which were valid up to and including trial in each year since 1987.

Mr. John M. Taylor

The number of criminal legal aid orders granted, which cover all necessary proceedings including trial, in each year between 1987 and 1991 was as follows:

Number
1987 612,008
1988 621,151
1989 642,652
1990 657,665
1991 661,215

The number of civil legal aid certificates issued during the same period was as follows:

Number
1987 233,497
1988 225,996
1989 259,157
1990 297,555
1991 337,301

It is not possible to distinguish between civil legal aid certificates which cover the whole of the proceedings and those which cover only part of the case.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what was the sum of money recovered in each year since 1987 by the Legal Aid Board and its predecessor by way of contributions towards legal aid by the assisted persons(a) in total, (b)for matrimonial aid and (c) for personal injuries.

Mr. John M. Taylor

The net sum of contributions towards legal aid by assisted persons collected by the ledal Aid Board in matrimonial cases and in total was as follows:

£ thousands
Matrimonial Civil non-matrimonial Total
1987–88 5,818 5,344 15,381
1988–89 6,284 5,690 16,608
1989–90 6,852 6,417 18,779
1990–91 6,889 6,824 20,073
1991–92 7,116 7,039 19,656

Information on the amount of contributions retained by the legal Aid Board in respect of personal injury cases is not available separately but is included in the figures for non-matrimonial cases.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department (1) how much money has been paid out in total by the Legal Aid Board and its predecessor in each year since 1987, in respect of experts' fees.

(2) how much money has been paid out by the Legal Aid Board and its predecessor in each year since 1987 in respect of experts' fees in personal injuries cases where the plaintiff was legally aided.

Mr. John M. Taylor

The Legal Aid Board does not maintain information specifically on the amounts it pays in respect of experts' fees. It does, however, publish the amounts paid on disbursements, of which experts' fees and court fees form a substantial element, in its annual reports. The information provided by the board in its annual reports is broken down into matrimonial, non-matrimonial and criminal magistrates cases only. The amount paid out in respect of personal injury cases is not shown separately but is included in the figures for non-matrimonial cases. The table sets out the amounts paid in disbursements by the board during the past five years.

Financial year Matrimonial (approx.) (£) Non-matrimonial (approx.) (£) Criminal magistrates' (£)
1987–88 10,734,559 18,114,601 4,628,434
1988–89 12,733,551 21,933,247 5,304,540
1989–90 14,737,109 28,846,229 6,207,426
1990–91 18,371,514 36,351,321 7,050,742
1991–92 23,975,952 52,028,421 8,783,886

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department how many legal aid certificates were issued in each year since 1987 which were(a) limited in the scope of the work that might be undertaken or (b) limited by reference to a particular stage in the proceedings before trial.

Mr. John M. Taylor

The Legal Aid Board does not keep statistics on the number of civil legal aid certificates issued with limitations. The total number of certificates issued in each year between 1987–88 and 1991–92 was as follows:

In year Certificates
1987–88 233,497
1988–89 225,996
1989–90 259,157
1990–91 297,555
1991–92 337,301

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what has been the total cost to the legal aid fund of the cases involving(a) the Birmingham Six, (b) the Guildford Four. (c) the Maguire family, (d) Judith Ward, (e) Guinness and (f) Barlow Clowes (i) up to and including the trial stage and (ii) up to and including the appeal stage, including references by the Home Secretary to the Court of Appeal.

Mr. John M. Taylor

It is not possible to give the total cost to the Legal Aid Fund in respect of each of those cases. In some instances information is no longer available, and in others claims have yet to be finally determined. The position in respect of each case is as follows:

  1. (a) information on the costs of the original trial and 1976 appeal of the Birmingham Six is no longer available. The cost of the 1987 appeal was £752,461. The cost of the Home Secretary's referral to the Court of Appeal in 1991 has yet to be finally determined;
  2. (b) information on the costs of the original trial and subsequent appeal of the Guildford Four is no longer available. The cost of the Home Secretary's referral to the Court of Appeal was £426,494;
  3. (c) the cost of the Home Secretary's referral of the Maguire family case to the Court of Appeal was £284,814. No other information is available;
  4. (d) the cost of the original trial of Judith Ward was £29,582. The cost of the Home Secretary's referral to the Court of Appeal has yet to be determined;
  5. (e) to date around £1.3 million has been paid out of the Legal Aid Fund and central fund to the defence in the Guinness trials. Not all the expected claims have yet been received and the final amount is yet to be determined;
  6. (f) the final costs to the Legal Aid Fund for the Barlow Clowes case have yet to be determined.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what was spent by the Legal Aid Board in each year since 1987 on(a) matrimonial legal aid and (b) personal injury cases.

Mr. John M. Taylor

Net expenditure on legal aid by the Legal Aid Board in respect of matrimonial cases between 1987–88 and 1991–92 was as follows:

Matrimonial
£000 's
1987–88 53,631
1988–89 68,398
1989–90 71,223
1990–91 85,855
1991–92 115,806

Information on the amount spent on personal injury cases is not readily available, although such expenditure forms part of non-matrimonial legal aid for which expenditure during the same period was as follows:

Non-Matrimonial
£000's
1987–88 43,998
1988–89 54,429
1989–90 76,500
1990–91 102,801
1991–92 160,925

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what direction he has made to the Legal Aid Board to enter into contractual arrangements with Mrs. Bruce and similar persons to provide specialist welfare advice to solicitors following the comments of the House of Lords in the case of Reginav. Legal Aid Board ex parte Bruce.

Mr. John M. Taylor

None. Solicitors with knowledge of the benefits system may provide advice through the green form scheme. The Legal Aid Board has recently published its proposals on the provision of franchises and is considering how these would apply to advice agencies.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what was the sum of money recovered in each year since 1987, by the Legal Aid Board and its predecessor by way of the statutory charge (a) in total, (b) for matrimonial legal aid and (c) for personal injuries.

Mr. John M. Taylor

The amounts retained by the Legal Aid Board by way of the statutory charge in each year between 1987–88 and 1991–92 was as follows:

£ thousands
Matrimonial Civil non-matrimonial Total
1987–88 19,309 3,752 23,061
1988–89 26,359 4,760 31,120
1989–90 24,231 5,316 29,547
1990–91 24,708 5,963 30,671
1991–92 27,929 6,817 34,746

Information on the sums recovered by the Legal Aid Board in respect of personal injury cases is not available separately, but the amounts are included in the figures for non-matrimonial cases.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department how much money has been paid out by the Legal Aid Board and its predecessor in each year since 1987 to experts employed by the defence in criminal cases.

Mr. John M. Taylor

The Legal Aid Board does not maintain information specifically on the amounts it pays in respect of experts' fees for criminal proceedings in the magistrates courts. It does, however, publish the amount paid on disbursements, of which experts' fees and court fees form a substantial element, in its annual report. In each year between 1987–88 and 1991–92, the following amounts were paid by the Legal Aid Board in respect of disbursements in criminal—magistrates courts—proceedings.

Disbursements
In year (£000)
1987–88 4,628
1988–89 5,305
1989–90 6,207
1990–91 7,051
1991–92 8,784

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what are the most recent annual figures available for the cost of legal aid cases for care proceedings in respect of children.

Mr. John M. Taylor

The most recent figures available cover the period October 1991 to September 1992, being the first full year of operation of the Act. The Legal Aid Board estimates that the amount paid out during this time was £6.7 million.

Miss Lestor

To ask the Parliamentary Secretary, Lord Chancellor's Department what reports have been received from Professors Paterson and Sherr on legal aid franchising; and when they will be published.

Mr. John M. Taylor

The Legal Aid Board has received one research report on franchising from Professors Paterson and Sherr and expects that it will be published in the early part of 1993.