Legal Aid (Hansard, 20 January 1994)

§ Mr. Boateng
To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to use the underspend on the criminal legal aid budget(a) to benefit the civil legal aid budget and (b) otherwise.

Mr. John M. Taylor
On the basis of actual expenditure to the end of November 1993, it now seems718W likely that the total net expenditure on legal aid in the financial year 1993–94 will be £1,225 million compared to a provision of £1,283.2 million. The majority of the shortfall—£37 million—relates to criminal legal aid, where the number of bills paid has fallen short of expectations. Most of the rest of the shortfall relates to civil legal aid where payments made to the legal aid fund in respect of costs and damages have exceeded expectations. The Lord Chancellor has no present plans to change the general policy in respect of legal aid, which is currently being examined as part of the fundamental review of his Department's expenditure. Whether it would be possible or desirable to make any changes to the legal aid scheme would not necessarily depend on prospective spending in a single year, but would have to be based on an assessment of what could be afforded over a period of years.

§ Mr. Boateng
To ask the Parliamentary Secretary, Lord Chancellor's Department what measures are in hand to improve the quality of information available to the Government in respect of legal aid costs; and when he proposes to publish the reasons for the increased costs per case for legal aid.

Mr. John M. Taylor
A number of measures are being vigorously pursued by both the Lord Chancellor's Department and the Legal Aid Board to improve the quality of information on legal aid costs and on the usage of legal aid generally. The Lord Chancellor's Department has launched the legal aid management information systems project—LAMIS—which will provide a more comprehensive and accessible database on legal aid and which will be more relevant to the Department's present and future needs.
Additionally, in conjunction with the Legal Aid Board and Her Majesty's Treasury, the Department is carrying out a comprehensive review of its forecasting methods. The first stage of the review, dealing with the methods used in forecasting expenditure, is almost concluded. The next stage will involve extensive research in order to quantify major factors within the legal aid environment that drive expenditure. In addition, new systems are currently being developed by the Legal Aid Board. These developments include new systems for assessing civil and magistrates courts' bills, and for building case profiles.
The reasons for the increase in costs per case are many and complex. Legislative and procedural changes, the amounts paid to lawyers, and the amount of work done in each case are just some of the major factors which underlie the rise in costs.

§ Mr. Boateng
To ask the Parliamentary Secretary, Lord Chancellor's Department what practical steps he has taken to ascertain whether there has been a rise in the number of litigants in person which can be attributable to the changes in legal aid eligibility conditions.

Mr. John M. Taylor
My Department has asked courts administrators to gather the observations of court staff on the number of litigants beginning proceedings in person and has made arrangements for the collection of data on cases in which one or both of the parties is unrepresented at the hearing.

§ Mr. Boateng
To ask the Parliamentary Secretary, Lord Chancellor's Department what research he has asked the Legal Aid Board to undertake to discover the grounds on which offers of contributory legal aid are refused; and what plans he has to commission such research.
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Mr. John M. Taylor
The Legal Aid Board is planning to carry out research into refusal of offers of legal aid in the financial year beginning on 1 April 1994.

§ Mr. Clappison
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement about the Lord Chancellor's objectives for legal aid.

Mr. John M. Taylor
The Lord Chancellor today published a management statement for the Legal Aid Board; I have placed a copy in the Library of the House. This document sets out the framework within which the board operates; its functions, aims and objectives; its relationship with the Department, and its accountability to Parliament and the Lord Chancellor. It also sets out in some detail the Lord Chancellor's medium-term objectives for legal aid and the role that the board will play in achieving them. To complement this document, the Legal Aid Board has today published its corporate plan for the years 1994–95 to 1996–97.