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10 Oct 2005 : Column 112W—continued
Juries
Mrs. Curtis-Thomas: To ask the Minister of State, Department for Constitutional Affairs what recent research has been conducted into juries' deliberations. [16465]
Ms Harman: The law currently forbids any research into jury deliberations. In January 2005 my Department published a Consultation Paper—Jury Research and Impropriety" and the relevant consultation period finished on 15 April. The responses have been analysed and an announcement of the Government's intentions for any change will be made shortly.
Mrs. Curtis-Thomas: To ask the Minister of State, Department for Constitutional Affairs whether (a) the trial judge and (b) the Court of Appeal is permitted to inquire into alleged impropriety by a jury. [16466]
Ms Harman: A trial judge is permitted to investigate alleged impropriety by jurors before the jury gives its verdict. If the alleged impropriety comes to light after a verdict has been given then the Court of Appeal is permitted to investigate.
Legal Aid Budget
Mr. Dismore: To ask the Minister of State, Department for Constitutional Affairs which 12 barristers received the most money from the (a) criminal legal aid budget and (b) civil legal aid budget in each of the last three years; how much each received in each year; and if she will make a statement. [1138]
Bridget Prentice:
The information requested has to be extracted from different computer system across Legal Service Commission and my Department and collecting
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and collating that data will take some time. I will write to my hon. Friend as soon as the information is available.
Mr. Dismore: To ask the Minister of State, Department for Constitutional Affairs which was the most expensive case for the (a) criminal and (b) civil legal aid budget in 2004–05; how much was paid by way of (i) brief fee and (ii) refreshers to each of the barristers concerned; how much was paid to each solicitors firm involved; who the (A) barristers and (B) solicitors were; and if she will make a statement. [1139]
Bridget Prentice: Payments relating to one specific case may be spread over a number of financial years and identifying those will take some time. I will write to my hon. Friend as soon as the information is available.
Substantive answer from Bridget Prentice to Andrew Dismore:
You tabled a question asking which 12 barristers received the most money from the (a) criminal legal aid budget and (b) civil legal aid budget in each of the last three years; how much each received in each year; and if I would make a statement.
I said I would write when the information had been collated and the individuals had been notified. A number of issues were raised by the Bar Council and some of the individuals were concerned about the explanatory notes used in the past. These have now been addressed and I am now in a position to respond. I enclose a set of tables showing the twelve highest earning barristers for criminal and civil work in each of the last three years together with explanatory notes.
(36)The list for 2002–03 differs slightly from that previously released. This is because additional payments were made to a barrister who would not otherwise have made it into the original list at the time of its release.
(37)Received Silk after 2002–03.
(38)Includes payments made which were not previously attributable to this practitioner (See note 4 in other qualifications).
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These figures must be interpreted carefully and do not represent the personal earnings of the individuals listed in any one year. There are a number of reasons for this.
1. The amounts paid to each barrister listed represent payments for work covering many years, for a variety of cases. The amount an individual receives in any year fluctuates widely, and is to a large extent due to the variety of payment processes and schemes used by the Legal Services Commission and the Courts.
2. All the figures listed are inclusive of VAT (17.5 per cent) as paid, and disbursements incurred (e.g. travelling). Individuals must pay that VAT to HM Revenue & Customs.
3. Barristers will typically pay 25–30 per cent, of fees in professional expenses. Additionally, barristers face the same expenses as any other self employed person, including income tax and National Insurance contributions.
1. Payments are made after claims are carefully scrutinised by the Legal Services Commission or the Courts, and where necessary adjusted. The Legal Services Commission and the Courts may make payments many years after cases conclude.
2. While these figures represent gross payments actually made to the barristers during the year, some of those monies have been (or may in the future be) repaid to the Community Legal Service Fund by other parties. This will happen in cases where the legally aided party wins the case and recovers costs from the opponent. Once those costs are recovered the legally aided party's solicitor refunds some or all of the money to the CLS Fund. As a consequence the figures may not reflect the actual cost of the barristers' fees to the Fund. In some cases where costs are recovered from the losing party the actual cost to the CLS Fund may be very little or even nothing.
3. Not all payments could be verified with all the individuals concerned. Cases in dispute, where amounts listed as being paid to individual barristers were identified from records held by the Department and the Legal Services Commission, and the practitioner has no such record, have been included. Where possible, amounts have been verified by practitioners and adjusted where necessary.
4. For the CDS, not all payments are recorded centrally in a way that can be attributed to a barrister. Also not all payments made to barristers are recorded in the database used to compile the list. These include manual legal aid payments and a small number of bills paid on account and payments made in the high court. Therefore, it is possible that the list could change in future following the inclusion of such payments in light of further information and subsequent verification.
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