Legal Aid

Baroness Benjamin Excerpts

Tuesday 18th October 2011 Lords Chamber

Asked By

[Baroness Benjamin]

To ask Her Majesty’s Government whether they will consider allowing more regular payments to legal aid practitioners in care and domestic violence proceedings involving vulnerable families where children’s well-being may be adversely affected.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Legal Services Commission is responsible for the administration of the Legal Aid Fund and has already taken steps to regulate and accelerate payments to legal aid providers. Standard monthly payments are made in advance for advice work completed under contract and, in addition, weekly payments are made on bills submitted for civil representation work. Providers may make interim claims for payments on account while a case is still open.

[Baroness Benjamin]

I thank my noble friend for that encouraging Answer. As you may well know, these specialist solicitors are not only the lowest paid solicitors in the country but also have to pay tax on unpaid work and are paid by the Government only twice-yearly in arrears. As a result, their businesses are under enormous financial pressure. Some are even going out of business because banks are calling in their loans. This is likely to result in the loss of assistance to the neediest families in our community, especially children. How soon will quarterly payments be implemented?

[Lord McNally]

My Lords, I can not give a precise answer to that, but the LSC has taken a number of steps to expedite payments to contracted providers and is committed to investigating any claim where a bill is not paid within the correct timescale. While there have recently been some delays in civil bill processing, the LSC maintains that the vast majority of payments are being made within their published target times. I will, however, look at the matter of quarterly payments.