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Legal Aid

Volume 453: debated on Tuesday 21 November 2006

To ask the Minister of State, Department for Constitutional Affairs what account she has taken of the needs of (a) those whose first language is not English and (b) those with mental or physical disabilities when implementing a system of fixed solicitors’ fees as proposed in Lord Carter’s report, “Legal Aid—A market-based approach to reform”. (100478)

At the time of publication of Lord Carter’s report, the DCA and the Legal Services Commission simultaneously launched a full consultation on his proposals, which concluded on 12 October. This included the publication of a draft regulatory impact assessment, including a racial impact assessment, which can be found on the DCA website. An updated version of this document will shortly be published alongside the Government’s response to the consultation on Lord Carter’s proposals.

The Government are committed to ensuring access to justice irrespective of a client’s race or any disability. Lord Carter’s proposals place quality at the heart of reform and we believe that this is the right course. We will work to ensure that any reforms implemented will not affect the quality of service to clients, including those who do not use English as a first language and those with physical or mental disabilities.

We believe that modernisation of the Legal Aid System is essential and that Lord Carter has provided a blueprint for how this could be effectively conducted. However, the Government are now considering the views expressed throughout the consultation period and we are looking at all the options available before publishing our response. An announcement on the way forward will be made shortly.

To ask the Minister of State, Department for Constitutional Affairs what representations she has received regarding the system of fixed solicitors’ fees proposed in Lord Carter’s report, “Legal Aid—A market-based approach to reform”; and if she will make a statement. (100479)

At the time of publication of Lord Carter’s report, the DCA and the LSC simultaneously launched a full consultation on his proposals, which concluded on 12 October. As well as this, I attended a number of meetings with practitioners and stakeholders over the summer recess to listen personally to the views of those directly affected by the proposed reforms. The LSC also conducted a number of roadshows throughout the consultation period to gather further views. This dialogue has included a number of representations regarding the introduction of fixed fees for solicitors as proposed by Lord Carter in his final report.

We believe that modernisation of the Legal Aid System is essential and that Lord Carter has provided a blueprint for how this could be effectively conducted. When conducting his review he examined the options that were available for reform and his final proposals reflect what he believed to be the best solution. The Government are now considering the views expressed throughout the consultation period and we are looking at all the options available before making our final policy decision. An announcement on the way forward will be made shortly.

To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of alternative proposals for solicitors’ fees following the proposal of a fixed solicitor’s fee in Lord Carter’s report, “Legal Aid—A market-based approach to reform”; and if she will make a statement. (100480)

At the time of publication of Lord Carter’s report, the DCA and the LSC simultaneously launched a full consultation on his proposals, which concluded on 12 October. In addition, I attended a number of meetings with practitioners and stakeholders over the summer recess to listen personally to the views of those directly affected by the proposed reforms. The LSC also conducted a number of roadshows throughout the consultation period to gather further views to those received in written consultation responses.

We believe that modernisation of the Legal Aid System is essential and that Lord Carter has provided a blueprint for how this could be effectively conducted. However, the Government are now considering the views expressed throughout the consultation period and we are looking at all the options available before making our final policy decision. An announcement on the way forward will be made shortly.

To ask the Minister of State, Department for Constitutional Affairs if she will break down by main budget heading the estimated annual savings of £35 million following the introduction of the means test in criminal legal aid magistrates' court work; and whether the new system is on target to meet the estimated level of savings. (100767)

The new means test is projected to deliver £55 million gross savings based on the estimated reduction in applicants who qualify for criminal legal aid representation. The net savings of £35 million reflect the impact of the Early Cover Scheme, additional claims from Central Funds and administration costs. While it is too early to draw firm conclusions, the Government’s initial assessment is that the system is on course to deliver the projected savings.

To ask the Minister of State, Department for Constitutional Affairs what changes are planned to family legal aid following the Carter review; and if she will make a statement. (100915)

The DCA/Legal Services Commission consultation paper, “Legal Aid: a sustainable future”, set out our proposals for the introduction of graduated fee schemes for solicitors undertaking family legal aid. Consultation closed on 12 October. The Government’s response should be published within the next couple of weeks.