asked the Minister for Justice if he will state in regard to the civil legal aid scheme: (1) the number of legal aid certificates that have been granted to date and the number refused; (2) if he proposes to change paragraph 3.2.3. (4) of the scheme which excludes tenant defendants in ejectment proceedings; (3) the way in which paragraph 3.2.3. (4) is operated; (4) if he proposes to change the system of excluding legal representation before tribunals; (5) if the Legal Aid Board have a general power to waive any of the qualifying conditions for legal aid; (6) if the aggregation of spouses' income has been removed from the scheme following the Supreme Court decision in the Murphy case; (7) if the solicitors in the law centres have any discretion to proceed with urgent cases without initially contacting the Legal Aid Board; (8) the amount that has been collected to date in the form of contributions from persons who have received legal aid and advice; (9) if he will consider using existing means tests, such as the medical card, to decide whether a person is entitled to legal services under the scheme thus preventing delay and incurring expense; and (10) if every applicant for a legal aid certificate receives written notification of the decision of the certifying committee.
Written Answers. - Civil Legal Aid Scheme.
The information is as follows:
(1) The number of legal aid certificates granted up to 28 February 1981, the latest date for which such information is available, was 441. The number refused was 23.
(2) Paragraph 3.2.3. (4) of the scheme does not exclude tenant defendants in ejectment proceedings and there is no other provision of the scheme which does so.
(3) The application of paragraph 3.2.3. (4) is a matter for determination by the board under the scheme in the circumstances of each particular application.
(4) No.
(5) On the assumption that "qualifying conditions" refers to section 5.1 of the scheme, the answer is "no", but the board have discretion to waive or reduce certain contributions under section 5.3.10.
(6) No. I am unaware of any decision by the courts which has any effect on the relevant provisions of the scheme.
(7) Yes. In exercise of its powers to delegate under the scheme the board have authorised solicitors in centres to initiate proceedings in specific circumstances—generally of an emergency character.
(8) Up to 31 December 1980, the most recent date for which exact figures are available, an amount of £4,773.94 had been collected by the Legal Aid Board in the form of contributions from persons who have received legal aid and advice. It is estimated that close to £2,000 has been collected since then.
(9) Important changes were made with effect from 1 February in the level of the means test applied under the scheme. The question of substituting other means test criteria for the detailed provisions for assessing the means of applicants contained in the scheme is not under consideration.
(10) All applicants for legal aid are notified of the decision of the certifying committee. I am informed that this is normally done in writing but that occasionally, for example in very urgent cases, applicants are notified orally. Every grant of a legal aid certificate is made in writing and written acceptance is essential.