§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Lord Chancellor on 3 May (WA 295), what are the criteria for deciding whether a case is "complex" so as to make it appropriate and necessary for him to exercise the power under Section 6(8)(b) of the Access to Justice Act 1999 to authorise funding for representation in a case brought before an employment tribunal. [HL38]
§ The Lord Chancellor (Lord Irvine of Lairg)My guidance to the Legal Services Commission sets out the circumstances in which I would be prepared to consider an application for exceptional funding in any area of work or forum where public funding was not normally available. That guidance is published in the Legal Services Commission Manual. For representation before tribunals, the criteria are:
- (a) the client would have to be financially eligible for funded representation;
- (b) the case would have to pass all the relevant criteria in the General Funding Code; and either involve a significant wider public interest or have overwhelming importance (affecting the life, liberty or physical safety of the client or his or her
WA 52 immediate family or the roof over their heads) to the client (or clients) seeking funding; and - (c) there would have to be convincing evidence that, given the procedures and other arrangements in the court or tribunal concerned, legal representation was the only adequate way of establishing the facts and presenting the case; and that no alternative means of funding that representation was available;
so that taking these factors together, and having regard to our obligations under the European Convention on Human Rights, it was essential to provide public funding for representation in order to serve the interests of justice.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Lord Chancellor on 3 May (WA 295), what are the differences between legal proceedings before employment tribunals in Scotland and in England and Wales which justify the provision of limited legal aid for representation in proceedings in Scotland but less favourable provision for representation in proceedings in England and Wales. [HL39]
§ The Lord ChancellorThere are no material differences between employment tribunals in Scotland and in England and Wales. The Government have no plans to make any changes to the provision of public funding for representation before employment tribunals in England and Wales. We will consider any recommendations that Sir Andrew Leggatt may make in his review of tribunals.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Lord Chancellor on 3 May (WA 295), whether they consider that the difference of treatment in providing legal aid for representation in proceedings before employment tribunals in Scotland and in England and Wales is compatible with Article 6 and Article 14 of the European Convention on Human Rights; and, if so, what are their reasons for this opinion. [HL40]
§ The Lord ChancellorI am confident that the public funding in England and Wales is fully compliant with all articles of the European Convention on Human Rights. Although employment tribunals are excluded from scope, I have the power under Section 6(8)(b) of the Access to Justice Act 1999 to authorise funding in exceptional cases where the Legal Services Commission asks me to do so.