§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department, what reports have been produced by the Northern Ireland court service with regard to the operation of the legal aid scheme in Northern Ireland; and if he will place these reports in the Library.
Mr. John M. TaylorNo reports have been produced by the Northern Ireland court service with regard to the operation of the legal aid scheme in Northern Ireland. Such reports are produced annually by the Law Society of Northern Ireland and are referred to the Lord Chancellor's Advisory Committee on Legal Aid in Northern Ireland for consideration and advice pursuant to article 23(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. These reports and the Lord Chancellor's advisory committee reports are placed in the Library.
§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department, what progress has been made by the Northern Ireland court service in consolidating Northern Ireland's legal aid regulations; and what has been the reason for the time taken in consolidating these regulations.
Mr. John M. TaylorConsiderable progress has been made by the Northern Ireland court service in preparation of the regulations which will revise the Legal Aid (General) Regulations (Northern Ireland) 1965. This exercise, which is at an advanced stage, involves primarily a consolidation of existing provisions, but the opportunity is also being taken to improve and modernise the regulations in some respects. The exercise has been held in abeyance pending the resolution of a number of points of detail. It is expected8W that these will be resolved within the next month, and that it will be possible to bring forward the new regulations later this year.
§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department, whether he intends to set up a Legal Aid Board for Northern Ireland.
Mr. John M. TaylorIn the light of the establishment of independent legal aid boards for England and Wales and Scotland, the Lord Chancellor has been reviewing the arrangements for the administration of legal aid in Northern Ireland with the aim of effecting improvements to the present system. One of the options for consideration is the establishment of an independent legal aid board. There have already been preliminary discussions with the Law Society of Northern Ireland and it is expected that these will continue. Following the completion of the review, the Lord Chancellor will bring forward proposals.
§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department, what plans he has to extend to Northern Ireland the research he has commissioned into the operation of legal aid in respect of eligibility, the green form scheme and advice and assistance at police stations.
Mr. John M. TaylorThe Legal Aid Board in England and Wales has commissioned research which has touched on these subjects, but no research has been commissioned recently on them by the Lord Chancellor's Department. As a general principle, the Lord Chancellor's Department would consider extending any research it commissioned to Northern Ireland.
§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department when he will publish the research undertaken by the Northern Ireland court service into advice at police stations; what other research has been undertaken or funded by the Northern Ireland court service into legal aid and legal advice and assistance; and when this research will be published.
Mr. John M. TaylorThe results of a survey undertaken by the Northern Ireland court service into legal advice and assistance at police stations, have been forwarded to interested parties, but there are no plans to publish the results of this survey. No other research has been undertaken or funded by the Northern Ireland court service into legal aid and legal advice and assistance.
§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the steps taken to co-ordinate the Northern Ireland court service research schedule on legal aid with his Department's research programme.
Mr. John M. TaylorThe Lord Chancellor's Department and the Northern Ireland court service will continue to liaise closely in respect of any research on legal aid.
§ Mr. McNamaraTo ask the Parliamentary Secretary, Lord Chancellor's Department, what proportion of the population in Northern Ireland is currently eligible for legal aid and legal assistance; what proportion of these is eligible(a) with a financial contribution and (b) without a financial contribution; what proportion of the Northern Ireland population will be eligible for legal aid and advice 9W and assistance under the new legal aid regulations laid down by his Department; and what proportion of these is eligible (i) with a financial contribution and (ii) without a financial contribution.
Mr. John M. TaylorEstimates of eligibility that have been made are based on family expenditure survey data and relate to households. The proportion of households currently eligible for civil legal aid, is likely to be somewhere between 50 and 55 per cent. in England and Wales. Only a small proportion of Northern Ireland households are included in the family expenditure survey. However, Northern Ireland household incomes are estimated to be 82 per cent. of the incomes in England and Wales. It is therefore estimated that somewhere between at least 60 and 65 per cent of households in Northern Ireland are currently eligible for civil legal aid. As a result of the distribution of incomes in Northern Ireland, the effect of the introduction of the new regulations will be a small decrease in the proportion of households eligible for legal aid. It is estimated that this reduction will be in the region of two percentage points.
The proportion of households eligible for legal advice and assistance will be virtually unchanged under the new regulations, although more will be required to make a contribution.
Information regarding the proportion of the population that is currently eligible for legal aid and legal assistance with a contribution and the proportion that will be so eligible under the new legal aid regulations, is not readily available and could be obtained only at disproportionate cost. In 1991–92, of those persons granted civil legal aid, 89 per cent. were eligible with no contribution. The comparative figures for legal advice and assistance and assistance by way of representation were 97 per cent. and 89 per cent. respectively.