HL Deb 10 December 2002 vol 642 cc19-20WA
Lord Gregson

asked Her Majesty's Government:

What plans they have to change the way the Legal Services Commission funds cases which are heard before the Special Immigration Appeals Commission. [HL531]

Baroness Scotland of Asthal

The Lord Chancellor has today issued a direction under section 6(8)(b) of the Access to Justice Act 1999 to the Legal Services Commission which will bring the Special Immigration Appeals Commission (SIAC) within the scope of the Community Legal Service. This will allow applicants to receive public funding from the CLS for cases before SIAC, subject to the normal financial eligibility and merits criteria being met.

This direction will cover the period before the relevant provisions in the Nationality, Immigration and Asylum Act 2002 comes into force next April, The Act will amend Schedule 2 to the Access to Justice Act 1999 to the same effect. Prior to the issuing of this direction, funding for representation before SIAC has been provided for on an individual basis under section 6(8)(b) of the Access to Justice Act 1999, which specifies that certain cases can be funded in exceptional circumstances on the express approval of the Lord Chancellor.