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27 Feb 2007 : Column 1254W—continued
Matters started in legal help can in some cases proceed further to receive additional funding under a legal aid certificate upon application to the LSC.
In criminal matters, applications for representation are made to the court. The following table shows the number of applications received and granted by the courts.
| 2000-01 | 2001-02 | 2002-03 | 2003-04 | 2004-05 | 2005-06 | ||
Service providers in criminal matters also provide advice and assistance to suspects held in the police station prior to possible charges being brought. The number of people helped is included in the following table.
| Suspects advised at police stations | |
| Number | |
Legal Representation: Fees and Charges
Mr. Clegg: To ask the Minister of State, Department for Constitutional Affairs what the average hourly rate paid for legal representation was in each of the last five years for those who paid their legal costs and were reimbursed after acquittal or the dropping of charges. [122184]
Vera Baird: The Prosecution of Offences Act 1985 allows criminal courts the discretion to order that an acquitted defendant, who has paid for their own legal costs, be reimbursed for the costs properly incurred by him in those proceedings out of central funds. The data held centrally cannot identify the average hourly rate paid to either solicitors or counsel from central funds. However, claims are assessed by a determining officer, who will allow work which has been actually and reasonably done. In assessing the appropriate hourly rate the determining officer will have regard to the guideline figures for the summary assessment of costs used in the civil courts.
(see www.hmcourts-service.gov.uk/publications/guidance/scco /appendix_2.htm).
Other payments can also be made from central funds, such as those to defence witnesses, expert witnesses, or interpreters or for medical reports, as well as to solicitors and counsel. The total spend from central funds for the past five years are listed in the following table:
| £ | |
Mr. Clegg: To ask the Minister of State, Department for Constitutional Affairs what the average hourly rate paid for legal representation was under legal aid in each of the last five years. [122185]
Vera Baird: We are unable to provide a figure for an average hourly rate. The legal aid schemes provide for a variety of ways in which lawyers can be remunerated, including through fixed, standard, and graduated fees, individual contract rates and prescribed hourly rates. In successful civil cases, where an order may be made for payment of costs by the opponent, providers may be remunerated at market rates. Barristers' fees are generally not set by reference to hourly rates.
Where hourly rates are used, different hourly rates are set out in regulations and contracts depending on whether the case is civil or criminal, the tribunal or court where representation is provided and other factors. Providers can also claim enhancements and uplifts, depending on, for example, matter type, complexity, or seniority of fee earner. As part of our legal aid reform programme we are extending the categories of work that are covered by fixed, standard and graduated fees.
Magistrates Courts: Legal Aid
Mr. Heald: To ask the Minister of State, Department for Constitutional Affairs how many legal aid representation orders were granted in magistrates courts in each of the last 12 months. [119912]
Vera Baird: Prior to implementation of the new means test on 2 October 2006, the figures requested were collected only on a quarterly basis. For the three quarters starting January 2006, the number of representation orders granted in the magistrates courts were as follows:
| Quarter ending | Representation orders granted( 1) |
| (1 )Estimates based on the returns submitted by magistrates courts. | |
The monthly grants of representation orders in the magistrates courts during each of the first four months following the introduction of the new means test are as follows:
| Month | Representation orders granted( 1) |
| (1 )Estimates based on the returns submitted by magistrates courts. | |
Negligence: NHS
Mr. Baron: To ask the Minister of State, Department for Constitutional Affairs how many legally aided clinical negligence cases were closed in 2006; and how many of those cases resulted in (a) an award of damages and (b) a settlement involving an agreement to pay damages or compensation. [122703]
Vera Baird: Figures covering the whole of 2006 will not be available until after the end of the current financial year. However, 6,362 legally aided clinical negligence cases were closed in 2005-06. In 181 of these cases the solicitors reported that the outcome was unknown, as the client had ceased to give instructions or was proceeding under other funding or as a litigant in person. Of the remaining cases, 116 resulted in an award of damages and 1,819 in a settlement involving an agreement to pay damages or compensation.
Mr. Baron: To ask the Minister of State, Department for Constitutional Affairs how many of the legally aided clinical negligence cases which were closed in 2006 proceeded beyond the investigation stage; and how many of those resulted in (a) an award of damages and (b) a settlement involving an agreement to pay damages or compensation. [122704]
Vera Baird: Figures covering the whole of 2006 will not be available until after the end of the current financial year. However, during 2005-06, 2,505 cases are known to have progressed beyond the investigation stage to the issue of proceedings. These included the 116 cases that resulted in an award of damages and 1,334 settled cases that involved an agreement to pay damages or compensation.
Mr. Baron: To ask the Minister of State, Department for Constitutional Affairs how many of the legally aided clinical negligence cases which were closed in 2006 and which did not proceed beyond the investigation stage resulted in (a) an award of damages and (b) a settlement involving an agreement to pay damages or compensation. [122705]
Vera Baird: Figures covering the whole of 2006 will not be available until after the end of the current financial year. However, during 2005-06, 3,676 cases were closed at the investigation stage, before the issue of proceedings. There being no proceedings in these cases, there were no awards of damages, but 485 cases resulted in a settlement involving an agreement to pay damages or compensation.
Parliamentary Questions: Freedom of Information
Mr. Wills: To ask the Minister of State, Department for Constitutional Affairs if she will make an estimate of the effect of the draft fees regulations proposed under the Freedom of Information Act 2000 on the number of parliamentary questions asked. [122649]
Vera Baird: My Department has no plans to estimate the effect of the draft FOI fees regulations on the number of parliamentary questions asked.
There is no link between requests submitted under the Freedom of Information Act and parliamentary questions. Members of Parliament will continue to be able to ask for information under both regimes.
Mr. Wills: To ask the Minister of State, Department for Constitutional Affairs what estimate she has made of the number of Freedom of Information requests answered by the Government in 2005-06 likely to be refused under the proposals contained in the draft fees regulations under the Freedom of Information Act 2000. [122652]
Vera Baird: My Department's estimates are based on the results of the independent review conducted by economic consultancy firm Frontier Economics, published on 16 October 2006.
Table 3 of their report estimates that including reading, consideration and consultation time in calculating the appropriate limit would result in a 4 per cent. volume reduction of requests processed within the appropriate limit across central Government.
If the aggregation of non-similar requests was introduced it would result in an 8 per cent. volume reduction of requests processed within the appropriate limit across central Government.
These figures are the estimated volume reductions for introducing each option on its own and are not additive.
Under the Act authorities are not obliged to answer a request if it is estimated to exceed the appropriate limit, but may still choose to do so. The request volume reduction figures in the Frontier Economics report are upper-band figures and assume that Government bodies apply the provisions in all cases where possible and do not exercise discretion in application.
Where authorities are refusing on the ground of cost, they are under a statutory obligation to provide advice and assistance to enable the requestor to refine their request so that it can be processed within the appropriate cost limit.
The independent review showed that a small minority of requests and requestors account for disproportionate amounts of the cost of answering FOI requests. Our proposals are designed to address
this issue by targeting the 5 per cent. of requests that account for 45 per cent. of the time spent dealing with initial requests, as detailed at Figure 5 of the Frontier Economics report.
Mr. Burrowes: To ask the Minister of State, Department for Constitutional Affairs for what reason the letter of 19 January 2000 from the Department’s then press officer to the Independent newspaper in relation to the appointment of Lord Griffiths to the Bahl inquiry was not disclosed in the response of 10 October 2006 to the Freedom of Information request of the hon. Member for Enfield, Southgate; and if she will make a statement. [122660]
Vera Baird: It is open to the hon. Member to write to my Department and to ask for an internal review regarding his request.
Public Bodies: Staff
Chris Huhne: To ask the Minister of State, Department for Constitutional Affairs pursuant to the answer of 19 December 2006, Official Report, columns 1774-76W, on public bodies: staff, if she will break down the data by official civil service grade; and if she will make a statement. [122634]
Vera Baird: The answer will refer to information available in the Library and at the following address on the Cabinet Office Statistics website:
http://www.civilservice.gov.uk/management_of_the_civil service/statistics/civil_service_statistics/index.asp
The following table shows the headcount of on strength staff broken down by public body and government grade as at 31 December 2006:
| Public body/government grade | Total |
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