HC Deb 23 October 2003 vol 411 c649W
Mr. Dodds

To ask the Parliamentary Secretary, Department for Constitutional Affairs what criteria are applied by the Legal Aid Board in considering whether to grant assistance to defendants in civil proceedings. [133081]

Mr. Leslie

In Northern Ireland the Legal Aid Committee of the Law Society of Northern Ireland has statutory responsibility for the administration of applications for civil legal aid. The Legal Aid, Advice and Assistance (NI) Order 1981 (the '1981 Order'), provides that legal aid will be available in specified proceedings to any person who meets the prescribed statutory tests. Before granting civil legal aid the Legal Aid Committee must be satisfied that the applicant's disposable income and disposable capital does not exceed the statutory maximum limits. The Legal Aid Committee must also be satisfied that the applicant meets the statutory test of having reasonable grounds for taking, defending or being a party to the proceedings and that it is not unreasonable that he should receive civil legal aid.

With effect from 1 November the Northern Ireland Legal Services Commission will assume statutory responsibility for the administration of legal aid. The Commission will be responsible for applying the same statutory tests as are currently applied by the Legal Aid Committee.

Mr. Dodds

To ask the Parliamentary Secretary, Department for Constitutional Affairs how much money has been granted by the Legal Aid Board to defendants in civil cases in the past two years. [133082]

Mr. Leslie

The Legal Aid Department of the Law Society of Northern Ireland has indicated that during the year ended 31 March 2002 £2,477,126 was paid in respect of defendants in civil legal aid cases. During the year ended 31 March 2003 £3,025,397 was paid in respect of defendants in civil legal aid cases.