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Cairn Gorm Funicular Railway
Mr. Galbraith: To ask the Secretary of State for Scotland when he expects to consider Highlands and Islands Enterprise's request for grant-aided expenditure on the proposed Cairn Gorm funicular railway. [7096]
Mr. Kynoch: Highlands and Islands Enterprise has sought the consent of my right hon. Friend for the provision of financial assistance for the Cairn Gorm funicular railway. Consideration of this request will not be completed until after the planning issues have been resolved.
Mr. Galbraith: To ask the Secretary of State for Scotland how many representations he has received about the proposed funicular railway on Cairn Gorm; and how many of these oppose the proposal. [7094]
Mr. Kynoch: My right hon. Friend has received a total of 2,840 letters about the proposed funicular railway on Cairn Gorm. Of these, 2,672 oppose the development.
Mr. Galbraith: To ask the Secretary of State for Scotland when he expects Scottish Natural Heritage to conclude a section 50 agreement under the Town and Country Planning (Scotland) Act 1972 with the developers of the proposed funicular railway on Cairn Gorm. [7093]
Mr. Kynoch: I understand that Scottish Natural Heritage has now reached agreement with the Highland council on all issues of principle relating to the drafting of the section 50 agreement. It is likely, therefore, that all parties will be in a position to conclude the section 50 agreement in the near future.
Mr. Galbraith: To ask the Secretary of State for Scotland if he will make a statement on the International Union for the Conservation of Nature and Natural Resources resolution concerning the proposed Cairn Gorm funicular railway made at its meeting in Montreal.[7095]
Mr. Kynoch: The resolution passed by the IUCN meeting in Montreal called on the UK Government to evaluate alternative development options to the proposed funicular railway in the Cairngorms. The resolution failed to recognise that a planning application has been submitted for the construction of a funicular railway, and that this has to be considered according to the statutory rules governing all planning applications. If a planning application for an alternative scheme is lodged, this will be considered in the usual way.
Legal Aid
Mr. Donohoe: To ask the Secretary of State for Scotland what reciprocal arrangements exist throughout the world for British nationals requiring assistance with the costs of legal action on a comparable basis to foreign nationals applying for legal aid within the United Kingdom. [7168]
Lord James Douglas-Hamilton: There are reciprocal arrangements between the United Kingdom and a number
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of countries worldwide, which are detailed and complex. I will write further to the hon. Member on this matter.
Mr. Donohoe: To ask the Secretary of State for Scotland how much has been spent by the Legal Aid Board on applications for legal aid (a) lodged by foreign nationals and (b) lodged by foreign nationals resident outside (i) Scotland and (ii) the UK in each of the last five financial year. [7043]
Lord James Douglas-Hamilton: The information is not collected by the board in the form asked for, but it is estimated that the annual cost of applications submitted to the Scottish Legal Aid Board by foreign nationals is between £60,000 and £75,000.
Mr. Donohoe: To ask the Secretary of State for Scotland if he will list (a) how many applications have been lodged for legal aid in Scotland, (b) the total cost of meeting applications for legal aid, (c) the number of successful applications for legal aid, (d) how many applications have been discovered by the Legal Aid Board to give false or misleading information, (e) the amount claimed in respect of applications for legal aid giving false or misleading information, (f) how much money was recouped by the Legal Aid Board in respect of applications giving false or misleading information, (g) how many applications for legal aid giving false or misleading information were the subject of reports to the legal authorities and (h) in how many cases prosecutions resulted from legal aid applications in which false or misleading information was given for each of the last three financial years. [7003]
Lord James Douglas-Hamilton: The information is set out in the tables.
| Applications 1995-96 | Applications granted 1995-96 | |
|---|---|---|
| Civil legal aid | 30,335 | 20,064 |
| Summary criminal legal aid | 74,516 | 67,382 |
| Solemn criminal legal aid(18) | -- | 11,560 |
| Criminal appeals | 3,131 | 1,806 |
| Advice and assistance(19) | -- | 311,167 |
| Legal aid for children(20) | -- | 2,651 |
| Contempt of court(18) | -- | 144 |
| Court of session | 37 | 29 |
| Total | 108,019 | 414,803 |
(18) Applications for contempt of court legal aid, and for solemn criminal legal aid are made to the court.
(19) Grants of legal aid for advice and assistance are made by solicitors.
(20) Grants of legal aid for children are made by the court.
| Number of cases | Amount £ | |
|---|---|---|
| Advice and assistance | 271,480 | 25,070,307 |
| Civil | 22,605 | 32,210,281 |
| Criminal | 76,831 | 74,385,130 |
| Children | 2,336 | 1,674,508 |
| Contempt of court | 91 | 20,140 |
| Total | 373,343 | 133,360,366 |
5 Dec 1996 : Column: 781
| False or misleading applications | Amount claimed £ | Amount recouped by Scottish Legal Aid Board £ | Applicants reported to legal authorities | |
|---|---|---|---|---|
| 1995-96 | 281 | 72,058 | 2,822 | 11 |
| Six months to September 1996 | 302 | 54,004 | 5,856 | 5 |
| 1993-94 | 1994-95 | 1995-96 | |
|---|---|---|---|
| Number of prosecution cases | 3 | 7 | (21)17 |
| Successful prosecutions | 2 | 7 | 11 |
(21) The number of prosecution cases in 1995-96 includes cases reported to the legal authorities in 1994-95.
Mr. Donohoe: To ask the Secretary of State for Scotland (1) what powers exist to prosecute individuals submitting applications for legal aid who give false or misleading information about their personal circumstances; [7004]
- (2) what powers Ministers have to intervene in the handling of legal aid matters by the chief executive of the Legal Aid Board; and what powers the chief executive of the Legal Aid Board has to determine that no legal action should be taken in respect of applications for legal aid giving false or misleading information. [7124]
Lord James Douglas-Hamilton: Under section 3(4) of the Legal Aid (Scotland) Act 1986, the board is obliged to have regard, in the exercise of its functions, to such guidance as may from time to time be given to it by the Secretary of State. However, in terms of section 3(5) it is not appropriate for such guidance to relate to the consideration or disposal of applications for legal aid or advice and assistance.
It is a criminal offence in terms of section 35 of the Legal Aid (Scotland) Act 1986 for a person seeking or receiving legal aid wilfully to fail to comply with any regulations as to the information to be furnished by them or for the purposes of obtaining legal aid knowingly to make a false statement or false representations. In cases where officers of the board believe that a criminal offence has been committed, a report will be made to the police, or to the procurator fiscal, who will decide whether proceedings should be instituted. However, officers of the board may take the view that, while the making of an untrue statement or failure to disclose a material fact by an applicant may trigger regulation 32 of the Civil Legal Aid (Scotland) Regulations 1996, or regulation 18 of the Criminal Legal Aid (Scotland) Regulations 1996, or regulation 18 of the Criminal Legal Aid (Scotland) Regulations 1996, and result in the termination of legal aid and/or the clawback of moneys, the conduct of the assisted person does not amount to a criminal offence under section 35 of the Act. In reaching such a decision, officers of the board have regard to the full circumstances of the case, including any representations made by, or on behalf of, the assisted person.
5 Dec 1996 : Column: 782
Mr. Galbraith:
To ask the Secretary of State for Scotland when he expects to apply for a world heritage site listing for the Cairngorms; and if he will make a statement. [7098]
Mr. Kynoch:
World heritage site status will be considered only where a high standard of management can be demonstrated. The Cairngorm partnership, which we set up to provide workable and sustainable strategies for the area, is currently consulting on its draft management plan. Once an agreed strategy is in place and significant progress has been made in its implementation, we shall be in a position to take forward the case for world heritage site listing for the Cairngorms.
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