§ Mr. DonohoeTo ask the Secretary of State for Scotland what reciprocal arrangements exist throughout the world for British nationals requiring assistance with the costs of legal action on a comparable basis to foreign nationals applying for legal aid within the United Kingdom. [7168]
§ Lord James Douglas-HamiltonThere are reciprocal arrangements between the United Kingdom and a number780W of countries worldwide, which are detailed and complex. I will write further to the hon. Member on this matter.
§ Mr. DonohoeTo ask the Secretary of State for Scotland how much has been spent by the Legal Aid Board on applications for legal aid(a) lodged by foreign nationals and (b) lodged by foreign nationals resident outside (i) Scotland and (ii) the UK in each of the last five financial year. [7043]
§ Lord James Douglas-HamiltonThe information is not collected by the board in the form asked for, but it is estimated that the annual cost of applications submitted to the Scottish Legal Aid Board by foreign nationals is between £60,000 and £75,000.
§ Mr. DonohoeTo ask the Secretary of State for Scotland if he will list(a) how many applications have been lodged for legal aid in Scotland, (b) the total cost of meeting applications for legal aid, (c) the number of successful applications for legal aid, (d) how many applications have been discovered by the Legal Aid Board to give false or misleading information, (e) the amount claimed in respect of applications for legal aid giving false or misleading information, (f) how much money was recouped by the Legal Aid Board in respect of applications giving false or misleading information, (g) how many applications for legal aid giving false or misleading information were the subject of reports to the legal authorities and (h) in how many cases prosecutions resulted from legal aid applications in which false or misleading information was given for each of the last three financial years. [7003]
§ Lord James Douglas-HamiltonThe information is set out in the tables.
Analysis of applications made to the Scottish Legal Aid Board Applications 1995–96 Applications granted 1995–96 Civil legal aid 30,335 20,064 Summary criminal legal aid 74,516 67,382 Solemn criminal legal aid1 — 11,560 Criminal appeals 3,131 1,806 Advice and assistance2 — 311,167 Legal aid for children3 — 2,651 Contempt of court1 — 144 Court of session 37 29 Total 108,019 414,803 1Applications for contempt of court legal aid, and for solemn criminal legal aid are made to the court. 2Grants of legal aid for advice and assistance are made by solicitors. 3Grants of legal aid for children arc made by the court. 781W
Legal aid payments 1995–96 Number of cases Amount £ Advice and assistance 271,480 25,070,307 Civil 22,605 32,210,281 Criminal 76,831 74,385,130 Children 2,336 1,674,508 Contempt of court 91 20,140 Total 373,343 133,360,366
Analysis of applications made to the Scottish Legal Aid Board which gave false or misleading information False or misleading applications Amount claimed £ Amount recouped by Scottish Legal Aid Board £ Applicants reported to legal authorities 1995–96 281 72,058 2,822 11 Six months to September 1996 302 54,004 5,856 5
Analysis of prosecution cases resulting from legal aid applicants giving false or misleading information 1993–94 1994–95 1995–96 Number of prosecution cases 3 7 117 Successful prosecutions 2 7 11 The number of prosecution cases in 1995–96 includes cases reported to the legal authorities in 1994–95.
§ Mr. DonohoeTo ask the Secretary of State for Scotland (1) what powers exist to prosecute individuals submitting applications for legal aid who give false or misleading information about their personal circumstances; [7004]
(2) what powers Ministers have to intervene in the handling of legal aid matters by the chief executive of the Legal Aid Board; and what powers the chief executive of the Legal Aid Board has to determine that no legal action should be taken in respect of applications for legal aid giving false or misleading information. [7124]
§ Lord James Douglas-HamiltonUnder section 3(4) of the Legal Aid (Scotland) Act 1986, the board is obliged to have regard, in the exercise of its functions, to such guidance as may from time to time be given to it by the Secretary of State. However, in terms of section 3(5) it is not appropriate for such guidance to relate to the consideration or disposal of applications for legal aid or advice and assistance.
It is a criminal offence in terms of section 35 of the Legal Aid (Scotland) Act 1986 for a person seeking or receiving legal aid wilfully to fail to comply with any regulations as to the information to be furnished by them or for the purposes of obtaining legal aid knowingly to make a false statement or false representations. In cases where officers of the board believe that a criminal offence has been committed, a report will be made to the police, or to the procurator fiscal, who will decide whether proceedings should be instituted. However, officers of the board may take the view that, while the making of an untrue statement or failure to disclose a material fact by an applicant may trigger regulation 32 of the Civil Legal Aid (Scotland) Regulations 1996, or regulation 18 of the Criminal Legal Aid (Scotland) Regulations 1996, or regulation 18 of the Criminal Legal Aid (Scotland) Regulations 1996, and result in the termination of legal aid and/or the clawback of moneys, the conduct of the assisted person does not amount to a criminal offence under section 35 of the Act. In reaching such a decision, officers of the board have regard to the full circumstances of the case, including any representations made by, or on behalf of, the assisted person.