§ Mr. PickthallTo ask the Attorney-General if he will publish the current year's budget for the Crown Prosecution Service together with his estimate of the amount to be spent on counsel's fees. [49213]
The Attorney-GeneralThe Crown Prosecution Service's gross provision for 1998–99 totals £302,737,000. At this stage I estimate that the Department will spend £86,000,000 on counsel's fees. Expenditure on council's fees will be monitored throughout the year to refine the forecast outturn and an additional Supply provision will, if necessary, be sought.
§ Mr. PickthallTo ask the Attorney-General what budgetary controls are exercised in the expenditure of public funds in payment of counsel's fees in work done by the Serious Fraud Office. [49216]
39W
The Attorney-GeneralIn SFO cases the normal procedure is to ask 3 counsel to tender for the work. Hourly rates for preparatory work and a daily rate for court attendance are then agreed in advance. The number of hours spent in preparation is agreed with the lawyer in charge of the case and is an integral part of the SFO budgeting arrangements. It should be noted that the fee levels will not necessarily be the deciding factor but rather one of the factors in the choice of counsel.
§ Mr. PickthallTo ask the Attorney-General if he will list the total budget for the Crown Prosecution Service for each of the last three years together with the amount spent on counsel's fees. [49212]
The Attorney-GeneralThe Crown Prosecution Service's total provision for each of the last three years together with the amount spent on counsel's fees were as follows:
£ Year Provision Counsel fee expenditure 1997–98 320,752,000 85,134,613 1996–97 320,307,000 82,699,317 1995–96 315,817,000 73,884,561
§ Mr. PickthallTo ask the Attorney-General if he will list the total budget for the Serious Fraud Office for each of the last three years and the amount of each of those budgets that was spent on counsel's fees. [49215]
The Attorney-GeneralThe SFO (net of Appropriations in Aid) budget and expenditure on counsel's fees for each of the last three years are as follows:
£ Year Provision Counsel fees 1995–96 17,376,000 3,245,642.57 1996–97 16,988,000 3,091,045.09 1997–981 16,317,000 22,574,842.03 1This year's account has yet to be audited and the figure is subject to change 2The fees paid to counsel excludes VAT which is to be recovered for the first time by the Serious Fraud Office
§ Mr. PickthallTo ask the Attorney-General what criteria are applied in agreeing fees with counsel's clerks. [49214]
The Attorney-GeneralFees are determined by the Crown Prosecution Service either by reference to the rates and guidance set out in the CPS Fee Scheme, or in exceptional cases, negotiated individually. The CPS Fee Scheme is agreed annually with the Legal Aid and Fees Committee of the Bar Council.
When agreeing fees in individual cases, the Crown Prosecution Service has regard to any unusual weight, gravity or complexity of the issues, and to the skill, standing, seniority or expertise of counsel appropriate to the case. The fee determined reflects the time actually and justifiably spent by counsel in both preparing and presenting the case for hearing, and provides fair and reasonable remuneration for the work done.
40WThe Serious Fraud Office apply a different procedure, having regard to the complexity and weight of the work undertaken. It is described in my answer today to Question No. 49216, Official Report, column 39.
§ Mr. PickthallTo ask the Attorney-General, pursuant to his answer of 25 June 1998,Official Report, column 564, what was the expenditure in 1996–97 on counsel's fees by (a) the Department of Trade and Industry and (b) HM Customs and Excise. [49217]
The Attorney-GeneralHaving regard to the context of my hon. Friend's question, I have taken it to refer only to fees paid to prosecuting counsel. The expenditure by the Department of Trade and Industry in 1996–97 on counsel's fees for prosecution work was £824,540.10 (inclusive of VAT).
The total fees paid by Customs and Excise to prosecution counsel in the same period was £7,141,612 (inclusive of VAT).