§ Mr. McGradyTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to maintain the existing eligibility levels in respect of legal aid in Northern Ireland; and if he will make a statement.
Mr. John M. TaylorThe financial eligibility criteria for civil legal aid have generally been set and maintained at the same levels in England, Wales and Northern Ireland for a considerable number of years. The Lord Chancellor is satisfied that as far as possible this policy of maintaining parity should be continued. He therefore proposes to introduce the same changes to the civil legal aid eligibility criteria in Northern Ireland as those announced for England and Wales. As to the timing of the changes, it will be possible for some of the proposals to be effected in April 1993, as in England and Wales.
It is intended to bring forward regulations which will enable the following changes to eligibility limits to be made in respect of civil legal aid, legal advice and assistance and advice by way of representation:
- (a) lowering of the "free limit" for civil legal aid to income support levels;
- (b) reduction of dependants allowances to income support level;
- (c) additional provision to be made for the disregard of benefits;
- (d) to increase in civil legal aid and advice by way of representation cases the maximum contribution from one-quarter to one-third of excess disposable income.
It is not possible, under current regulation-making powers, for the Lord Chancellor to bring forward regulations immediately to give effect to two other aspects of the proposals—namely, the extension of the payment of contributions over the lifetime of the case and the abolition of the contributory part of the legal advice and assistance scheme. Nevertheless, the Lord Chancellor intends, as soon as an opportunity arises, to bring forward legislation to enable the Northern Ireland eligibility criteria to be more full aligned with those in England and Wales.