Thursday, 27th November 2003.

The change in the capital element of the DEL arises from:

The Consultation

We outlined three proposals:

a curb on the amount of time for which lawyers would be paid in individual cases;

accreditation of lawyers and other case-workers to ensure quality representation;

the introduction of a unique client number to prevent unnecessary changes of solicitor.

We received 260 responses to the consultation paper. The House of Commons Constitutional Affairs Committee also inquired into our proposals and reported on 31 October 2003.

There was overwhelming support for the introduction of accreditation and the unique file number. There was widespread concern about the proposals to curb the amount of time for which lawyers would be paid in individual cases. Respondents also made many suggestions about where savings might be achieved and there was some criticism of Home Office systems and procedures. Officials from the Home Office, Department for Constitutional Affairs and Legal Services Commission are examining the initial decision-making stage of the asylum process, with particular regard to the role that legal aid and publicly funded practitioners play. This work may lead to further changes in the way that legal aid for asylum seekers is delivered beyond those now proposed. In particular, consideration is being given as to whether legal aid is needed at the initial stage in all cases. The Government will make a further announcement on any further changes in due course. We are very grateful for all the responses, and especially the report of the Constitutional Affairs Committee. We have considered carefully all the points which have been made.

Our revised proposals

In our consultation paper, we proposed that there should be a cap of five hours' work at the initial stage, that is prior to the initial decision by the Home Office as to whether asylum should be granted. There would be higher caps for stated exceptions. We now propose that there should instead be a financial threshold for preparation time allowed for the generality of cases up to the initial decision for asylum cases. The norm for this threshold will be five hours. The LSC will also introduce a threshold for immigration non-asylum cases. This will normally be between three and five hours depending on the circumstances of the case. Once this threshold is reached, suppliers will only be allowed to proceed under legal aid with prior authority from the LSC. Professional disbursements and VAT will not count towards these thresholds. The LSC will introduce separate thresholds for professional disbursements which require prior authority to exceed. Extensions are only likely to be granted, on application to the LSC, in genuine and complex cases where there is a real prospect of success. The LSC proposes to allow a limited number of firms, where it is confident work is to a high standard, devolved powers to self-grant to a higher figure.

In all but exceptional cases (unaccompanied minors; applicants going through fast-track initial decision processes; those suffering from a recognised and verifiable mental incapacity which makes it impractical to undergo an interview without support) funding for attendance by a representative at the substantive asylum interview will not be authorised. The LSC will introduce rules to ensure that in these exceptional cases where attendance at interview is authorised, this will be by the adviser in the case or the immigration supervisor, not by an agent or outdoor clerk, until accreditation is introduced.

Before any preparatory work can be carried out under legal aid for an asylum appeal, the LSC will need to be satisfied itself that the case merits being pursued. Currently, this decision can be made by individual firms. There will therefore be no guarantee of any legally aided work being allowed at the appeals stage in individual cases. If, however, the LSC is satisfied that the appeal case merits representation, it will set a financial threshold up to which firms will be able to work before they need to seek an extension from the LSC. Thresholds would be set for individual cases depending on the facts of the case, and the experience and previous outcomes of the firm. As now, applicants will be able to seek a review of refusal of funding by the LSC for an appeal against rejection of their asylum claim, but any such review will be considered on the papers only.

The LSC will proceed with a fixed fee of £150 plus VAT for applications for leave to appeal to the Immigration Appeal Tribunal.

The LSC is presently finalising the details of the skills and competencies required for each of three levels of accreditation now being proposed. It will then invite the Law Society to recruit independent assessment organisations which will ensure that all advisers undergo objective tests of their competence and evaluation of a portfolio of work conducted. As set out in our original proposals, those on the most rigorous advanced level will be entitled to increased remuneration as a result of their skill and experience for work they personally conduct. This we propose to be at 5 per cent above current rates.

The unique client number will be required to be used for all dealings between advisers and the LSC in a case once it has been issued, and will be submitted with all claims for payment once an initial decision has been made.

In addition, the LSC will also consult over limiting choice of representative in locations where fast-track procedures are in operation to dedicated duty representatives authorised under contract. This is intended to prevent touting and poaching of clients at centres such as Oakington and Harmondsworth which currently leads to wasteful duplication of resources. The LSC will also consult over the use of experts in asylum cases, whether it is necessary to have a separate interpreter at substantive asylum interviews for the client, in those exceptional cases where funding is authorised for attendance by a representative at the substantive asylum interview and whether there should be a fixed fee for advocacy before the adjudicators in order to ensure value for money is obtained.

Implementation

The introduction of prior authorisation by the LSC in every asylum and immigration case (with the exception of five hours for advice at the initial stage and any other earned autonomy granted by the LSC) will require a significant change in processes and procedure which will take some time to bed in efficiently. There will therefore be a transitional additional two hours at the initial stage for most firms before extensions are required from the LSC. The timetable will be as follows:

Transitional seven-hour threshold for initial stage applies to suppliers in London on 1 March 2004.

Transitional seven-hour threshold for initial stage applies to all other suppliers on 1 April 2004.

Five-hour threshold for initial stage applies to all suppliers in England and Wales on 1 May 2004.

Authorisation from LSC required for appeals from 1 April 2004.

The thresholds will apply to all work whether done on new or old cases started after introduction.

Accreditation will be introduced from April 2004, and will become compulsory by April 2005. The unique client number will be introduced from April 2004. The requirement to apply to the LSC for prior approval to appeal an initial Home Office decision will also apply from April 2004.

Savings

These revised proposals are estimated to save around £30 million in 2004–05 against what we would be spending were we not to introduce prior authorisation.

Taken together, these measures will bring asylum legal aid under effective control and cut out unnecessary expenditure. Costs will be limited, and targeted at the most deserving cases. Quality representation will be recognised and rewarded by the new accreditation scheme, and wasteful duplication of cases will be ended.

As part of our routine management of the UK's land deployment, we intend shortly to conduct a roulement of our forces in theatre. This will begin with an incremental replacement of HQ 3 (UK) Division with a composite headquarters for MND(SE), the staff for which will be drawn from across UK Defence and from allies. 1 Mechanised Brigade will begin to replace 20 Armoured Brigade as the foundation for the UK's military commitment inside Iraq in April 2004. We intend that the process will be complete by the end of April 2004. We expect the level of the Royal Navy and Royal Air Force presence in theatre to remain broadly stable.

As part of this roulement of forces and in line with our policy of employing the reserves as an integral component of the Armed Forces, we shall be mobilising a further tranche of around 1,100 reservists to support operations in Iraq. We expect these personnel to deploy from mid-February 2004 onwards. Although a significant mobilisation, this is both in absolute terms a smaller number than have been mobilised for previous tranches, and will constitute a smaller proportion of the service personnel deployed to theatre than previously. These reservists will be employed in a number of roles: about a third in theatre at any one time will be deployed in the infantry role as force protection, a little under a quarter will provide reinforcement to regular infantry units deployed, about a sixth will be medical personnel and the remainder will provide a variety of specialist capabilities.

We aim to issue the majority of call-out notices around 9 January 2004 and begin mobilisation in mid February 2004. Reservist personnel will receive at least 21 days' notice to mobilise. Mobilisation will be followed by a period of individual training to confirm basic skills, theatre specific pre-deployment training, role-specific collective training, integration into receiving units and then a short period of leave before deployment. For the majority of those called out, their deployed tour will last six months; and for most the total period of mobilisation, including post-tour leave, is expected to last between eight and nine months, although for a very small proportion it may be slightly longer.

We intend to spend the period between now and January identifying for selection as accurately as possible those reservists who are believed to be fit and available for deployment. As in previous practice, to ensure that we successfully mobilise the required number, we will need to issue a greater number of call-out notices than our actual in-theatre requirement.

We will continue to keep the size and mix of forces in theatre under careful review and we can expect to make further adjustments to our force structures and undertake further mobilisations in order to ensure that we continue to have the appropriate capabilities for the tasks in hand. While we remain determined to maintain appropriate forces deployed in Iraq and the wider Gulf region for as long as is necessary, we are equally determined that no forces should remain deployed for any longer than is necessary.

The MoD has undertaken a regional impact assessment to assess the effect on staff and local communities. This particularly supports the move of staff to Portsmouth, an area of economic deprivation. Of the options open to Dstl, the plans are most consistent with the aims of the review of public sector relocation being undertaken by Sir Michael Lyons on behalf of the Chancellor and Deputy Prime Minister, and have been approved by the Treasury.

As part of the preparations for the sale, the Government have had to consider whether the Tote's current exclusive right to offer pool betting on British horseracing should continue once it has been transferred into the private sector. We have concluded that it will be in the public interest to open up the pool betting market to effective competition, but that a reasonable preparatory period is necessary in order to safeguard the policy aims underlying the sale.

The Government have therefore decided that if our plans to sell the Tote to a racing consortium proceed, then the current intention is to issue the Tote's successor company with an exclusive licence to operate horserace pool betting on British racing for seven years.

This licence will not be extended and at the end of that period there will be a new regulatory regime that will allow other operators to provide pool betting as well.

We believe that this proposal provides necessary certainty for all concerned.

Valuing People White Paper, and outlines the role of assistive technology in making independent living easier for older people and people with disabilities. The report describes the wide range of government-funded projects supporting the development, introduction and evaluation of assistive technology.