§ Lord Lairdasked Her Majesty's Government:
Whether the basis for offering legal aid in Northern Ireland differs from that in England; and, if so, how and why. [HL4385]
§ Lord FilkinLegal aid in Northern Ireland is currently provided under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. The basis for offering legal aid in Northern Ireland under the 1981 order is broadly similar to the position in England and Wales under the Legal Aid Act 1988. Criminal legal aid is provided on the same basis in the two jurisdictions: that is whether it is in the interests of justice that the defendant is given legal aid. Civil legal aid is provided in Northern Ireland against a statutory test of whether there are reasonable grounds for bringing, defending or being a party to an action: whereas in England a funding code applies which sets out different tests for different categories of case.
The Access to Justice (Northern Ireland) Order 2003 establishes the Northern Ireland Legal Services Commission, which will assume responsibility for the administration of legal aid on 1 November 2003. The commission will consider how to reform the delivery of publicly funded legal services in Northern Ireland in a manner which is consistent with the needs of the users of those services and the legal services culture in Northern Ireland. Specifically the commission will bring forward a new Northern Ireland funding code to set out grounds against where legal aid will be available for civil actions.
§ Lord Lairdasked Her Majesty's Government:
Further to the Written Answer by Lord Filkin on 8 September (WA 76), why the funding of legal aid 10WA in Northern Ireland has increased over the past nine years by over 150 per cent. [HL4386]
§ Lord FilkinUnder current arrangements, legal aid payments to lawyers and expert witnesses are assessed by a panel of solicitors, barristers and non-legally qualified people in criminal cases, and by the Legal Aid Committee of the Law Society in civil cases, are subject to review and benchmarks set by the Master (Taxing Office) and the High Court. The average costs of cases have been increasing with a resulting increase in the total funding required.
The Access to Justice (Northern Ireland) Order 2003 repeals the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 which governs the current arrangements for legal aid in Northern Ireland. The order establishes the Northern Ireland Legal Services Commission with effect from 1 November 2003.
The commission will be responsible for funding civil legal services and criminal defence services within the framework laid down by the Access to Justice Order. Within that framework, the commission's overall aim is to ensure that legal advice, assistance and representation is made available to those who need it, and to ensure that it is provided in ways which are effective and give value for money.
§ Lord Lairdasked Her Majesty's Government:
Who are the members of the legal Aid Board in Northern Ireland; how many are appointed; by whom, and how much are they paid. [HL4409]
§ Lord FilkinThe new Legal Services Commission of Northern Ireland assumes responsibility for legal aid on 1 November 2003. On 28 July 2003 the Secretary of State appointed the Chair and ten members to the new Northern Ireland Legal Services Commission.
Those appointed to the commission are: Chair-Sir Kenneth Bloomfield KCB
Members-Mr Les Allamby, Mrs Maeve Bell OBE, Professor Sean Doran, Ms Breidge Gadd, Mrs Jennifer Greenfield, Dr Jeremy Harbison CB, Mr Francis Hewitt, Mr Miceal McCoy, Mr Peter Osborne and Mr Ronald Spence CB.
The chair receives £390.00 per day while members receive –289.00 per day.