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17 Nov 2004 : Column 1565W—continued
Jury Verdicts
Mr. Gordon Prentice: To ask the Parliamentary Secretary, Department for Constitutional Affairs if he will seek to amend section 8 of the Contempt of Court Act 1981 to allow parallel juries to facilitate research into the reasons behind jury verdicts. [198378]
Mr. Leslie: Section 8 of the Contempt of Court Act does not prohibit the use of parallel juries to facilitate research. On 11 September 2003 the Secretary of State for Constitutional Affairs and Lord Chancellor announced that he would be publishing a consultation paper on research into real jury deliberations. We intend to publish the paper later this year.
Legal Aid
Mr. Djanogly: To ask the Parliamentary Secretary, Department for Constitutional Affairs what percentage of the population was entitled to civil legal aid in each of the last seven calendar years. [198521]
Mr. Lammy: We do not have precise annual data. Given the complex rules for assessing financial eligibility for civil legal aid and changing income levels (including from state benefits and tax credits), individual analysis would need to be undertaken to identify the eligible percentage of the population, depending on whether the eligibility is being calculated of adults, children or households.
In an analysis of eligibility in 2000 we estimated that in 1997 about 52 per cent. of the adult population in England and Wales were financially eligible for civil legal aid (either on a "free" or contributory basis). This fell to about 51 per cent. in 1999 and 50 per cent. in 2000. A separate analysis by the Legal Services Research Centre estimated that about 48 per cent. of "benefit units" were eligible in 1997–98, compared with 47 per cent. in 2001–02. Given that financial eligibility is assessed on income and capital, the percentage of children eligible will be very much higher.
Mr. Djanogly: To ask the Parliamentary Secretary, Department for Constitutional Affairs what plans the Department has to exclude ownership of property from the means testing for eligibility for (a) civil and (b) criminal legal aid. [198896]
Mr. Lammy: Consultation recently closed on a package of reforms to the civil legal aid scheme, including the removal of the current rule which disregards 100k of equity in an applicant's home, when assessing financial eligibility for legal aid. There will of course be exemptions in place for those on passported benefits or on the lowest incomes. We will announce the way forward in due course.
The draft Criminal Defence Service Bill, transfers the grant of criminal public funding from the courts to the Legal Services Commission and re-introduces the means test for criminal public funding. The three models
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proposed in the original consultation paper took account of income alone. Revised proposals will be published shortly.
Mr. Djanogly: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the current financial threshold is for eligibility for civil legal aid. [198897]
Mr. Lammy: Those in receipt of Income support, income based Jobseeker's Allowance, or guaranteed state pension credit, automatically qualify financially for legal representation. Legal representation is available on a "free" or non-contributory basis, for people with a gross monthly income of less than £2,288, a disposable monthly income below £267 and disposable capital of £3,000 or less. If their monthly disposable income is between £267 and £707, or disposable capital between £3,000 and £8,000, they will be offered funding on the basis that they agree to pay contributions towards their legal costs.
Legal Help, which provides for basic advice and assistance, is available free for anyone in receipt of the above benefits or for those with a gross monthly income of less than £2,288, a disposable monthly income of less than £621, and disposable capital of £3,000 or less.
Mr. Djanogly: To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what plans the Department has to reduce the (a) criminal and (b) civil legal aid budget; [198898]
(2) what plans the Department has to reduce the overspend on the criminal legal aid budget. [198951]
Mr. Lammy: The information is as follows:
Consultation has recently closed on a package of changes to the scope and eligibility of civil legal aid. The proposals included measure to: remove legal aid from cases where private money might be used; avoid unnecessary litigation; and encourage early resolution of disputes. The package is designed to focus expenditure on areas where it is most needed. We will announce the way forward in due course.
A scheme to introduce individual case contracts in very high cost criminal cases (VHCCCs) should provide significant savings over the next three years.
In addition, the Criminal Defence Service Bill is being prepared for introduction in the next session of Parliament. The Bill will re-introduce the means test for criminal public funding in order to help bring the cost of legal aid under better control and focus the limited resources available for funding more closely on the people who need them most.
Mr. Djanogly: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the change has been in the civil legal aid budget over the last four years; and what the reasons are for the change. [198952]
Mr. Lammy:
Prior to 2000–01 no formal budget was set for civil legal aid. Funding for civil legal aid was available from the total legal aid budget. However, under section 5(6) of the Access to Justice Act 1999, the Lord Chancellor is required to set an overall budget for the Community Legal Service Fund (civil legal aid). This is done by direction at the start of each financial year
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and by subsequent amendment to meet changing priorities. For the last four years the final budgets set were:
| £million | |
|---|---|
| 2000–01 | 810 |
| 2001–02 | 740 |
| 2002–03 | 782 |
| 2003–04 | 912 |
These budgets were set to accommodate the demand for civil legal aid in each year. For example, the initial budget for 2000–01 was increased to accommodate the rise in asylum applications, the faster processing of initial decisions and legal aid becoming available for representation in asylum appeals.
The figures given are stated in cash terms and represent budgets set rather than expenditure in each year.
Magistrates Court (Newcastle-under-Lyme)
Paul Farrelly: To ask the Parliamentary Secretary, Department for Constitutional Affairs what discussions are taking place to safeguard the future of the magistrates court in Newcastle-under-Lyme. [198609]
Mr. Leslie: The future of Newcastle-under-Lyme magistrates court has been the subject of a detailed consultation by the Staffordshire Magistrates' Courts Committee (MCC). On 29 October 2003, the MCC determined that the Courthouse should be closed when a new Courthouse is established to serve the whole of North Staffordshire.
The Staffordshire county council lodged an appeal against the determination on 21 November 2003, and discussions are currently ongoing, between the Staffordshire county council, the Stoke-on-Trent city council, my Department and the MCC with the view to considering suitable alternative sites for a new replacement Courthouse.
Payments into Court
Mr. Waterson: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the value of unclaimed payments into court was in each of the last 10 years. [196110]
Mr. Lammy: The Court Funds Office (CFO) only receives unclaimed moneys into Court by way of statutory deposits under various Acts such as the Trustee Act 1925. However funds already in court can be transferred to the Unclaimed Balances Account if they meet certain criteria and attempts to trace the beneficiaries prove unsuccessful. The balance held on the UB account for the previous 10 years is as follows:
Note:
The above figures are net of payments to and from the account.
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