§ Mr. Simon HughesTo ask the Parliamentary Secretary, Lord Chancellor's Department in each of the last three years, what disciplinary inquiries he has made into the inappropriate granting of legal aid in criminal cases; what the value was of payments recovered; and if he will make a statement. [140943]
§ Jane KennedyEarlier this year, the Court Service instigated a disciplinary investigation into one case, that of the granting of legal aid to Kenneth Noye. Three members of staff were involved: one person resigned before the disciplinary process was complete; a second has had a disciplinary penalty imposed, which is currently subject to appeal within agreed procedures; and the third has been found not culpable. There were no investigations in either of the previous two years.
No payments have been recovered in this case. Even if it could be proved that Mr. Noye has misrepresented his financial position on his legal aid form, the Department is unlikely to consider undertaking civil action for damages to recover the costs of legal aid. It would be an unwarranted use of public funds to take such an action where the prospect of recovering any significant sum of money is remote, bearing in mind Mr. Noye's status as a bankrupt and the competing claims of other creditors.