HC Deb 05 April 1995 vol 257 cc1160-2W
Mr. Robert Ainsworth

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to review the regulations under the Legal Aid Act 1988 which require that where a person granted legal aid succeeds in recovering a preserved property the legal aid is repayable, with particular concern for those on income support. [17212]

Mr. John M. Taylor

None.

Mr. Robert Ainsworth

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to review the interest charged on legal aid assistance. [17213]

Mr. John M. Taylor

When a legally aided person recovers or preserves money or property as a result of the proceedings for which he or she is legally aided, the Legal Aid Board recovers the legal aid costs from that money or property. This is known as the statutory charge. In certain circumstances, enforcement of the charge is postponed. In those cases, simple interest is charged for the length of the postponement at a rate which is currently 8 per cent. per annum. This rate is reviewed from time to time when it seems appropriate to do so in the light of movements in interest rates generally. There are no current plans to change the rates.

Mr. Marlow

To ask the Parliamentary Secretary, Lord Chancellor's Department how much money has been paid in legal aid for persons whose cases are being considered by(a) the European Court of Justice and (b) the European Court of Human Rights; and if he will list the number of (1) cases and (2) people involved.

Mr. John M. Taylor

I have reflected carefully on this inquiry to which my hon. Friend returns, but regret that I must refer him to the answer I gave him on 28 March,Official Report, column 525.

Mr. Redmond

To ask the Parliamentary Secretary, Lord Chancellor's Department what action he now plans to take in respect of the provision of legal aid to the nation's richest citizens. [17845]

Mr. John M. Taylor

The Lord Chancellor is now considering the responses he received to the consultation paper, "Legal Aid for the Apparently Wealthy." He will announce shortly the proposals which he intends to take forward.

Mr. Boateng

To ask the Parliamentary Secretary, Lord Chancellor's Department what has been the cost of civil legal aid for divorce cases for each of the last five years and the estimated cost for the current financial year; and what is the projected cost for the next financial year. [17098]

Mr. John M. Taylor

It is not possible to provide the net cost of divorce cases alone. Net expenditure in respect of all civil matrimonial legal aid for each of the five years is as follows:

  • 1989–90: £87.5 million
  • 1990–91: £108.6 million
  • 1991–92: £150.5 million
  • 1992–93: £207.2 million
  • 1993–94: £266.7 million

The net cost of all civil legal aid in 1994–95 is estimated to be £611.1 million and is projected to be £677.8 million in 1995–96.

Mr. Boateng

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to restrict the availability of legal aid for divorcing couples and their children; what mechanisms he intends to introduce to allow those adults and children requiring professional legal assistance, rather than the assistance of mediators, for the protection of their interests to get that assistance; and who will be taking decisions about whether people get the assistance of a mediator or lawyer in publicly funded matrimonial cases. [17104]

Mr. John M. Taylor

The Lord Chancellor will be issuing his Green Paper on legal aid later in the spring. Proposals relating to legal aid in family cases will be covered in that document.

Mr. Shersby

To ask the Parliamentary Secretary, Lord Chancellor's Department what was the cost to public funds of legal aid granted to persons who were not British citizens or resident in the United Kingdom during the most recent 12–month period for which figures are available.

Mr. John M. Taylor

Information as to an applicant's nationality is not collected and is therefore not available. The Legal Aid Board does maintain a record of applications received from applicants resident outside the United Kingdom, but information on the cost to legal aid of those cases could be obtained only at disproportionate cost.