§ The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton)I am pleased to announce the publication today of a draft Criminal Defence Service Bill together with a consultation paper seeking views on a number of possible models for the delivery of a restructured criminal legal aid scheme. Copies have been placed in the Libraries of both Houses.
It has been the shared belief of this Government and previous administrations that those found guilty of offences who can afford to pay their defence costs should be required to do so. This is right in principle and will ensure and that a greater amount of finite legal aid funds can be targeted at the poor, the vulnerable and the victimised in line with the commitments set out in the DCA manifesto by the Secretary of State for Constitutional Affairs.
The Draft Bill contains two key proposals: the reintroduction of a financial eligibility (means) test; and the transfer of the authority to grant the right to publicly funded representation away from the courts and into the scope of the Legal Services Commission.
My department believes that, taken together, these two measures will bring a greater level of consistency and better control over grant as well as ensuring that those found guilty of offences pay where they arc able to do so.
The accompanying consultation paper discusses in more detail, and invites comments on, the implications of these changes as well as outlining a number of ways in which they might work in practice. The paper will be sent to the key opinion formers within the legal community including the professions and the judiciary and will be published on the DCA's website at www.dca.gov.uk/. Responses are requested by 6 August.
The Bill itself will also be simultaneously examined by the Constitutional Affairs Committee as part of the pre-legislative scrutiny procedure and interested parties will have an opportunity to comment as part of that process.