Justice 1 Committee, 13 Mar 2001
Meeting date: Tuesday, March 13, 2001
Official Report
286KB pdf
Subordinate Legislation
We now move on to item 3. I welcome Iain Gray, the Deputy Minister for Justice. There are two motions before us, which will be moved and disposed of separately. I call the minister to move motion S1M-1702 on the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2001.
The financial conditions regulations are part of a regular cycle of review of the qualifying limits in the legal aid regulations and are entirely technical. The proposed upratings that we are considering today would take effect from Monday 9 April 2001.
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2001 provide for the uprating of financial eligibility limits in relation to advice and assistance, which are increased annually in line with contributory benefits. The Secretary of State for Social Security announced on 9 November that contributory benefits will rise in line with the retail prices index, which this year stood at 3.3 per cent.
One important element of advice and assistance is to enable a solicitor to make a simple and quick assessment of an applicant's means so that the advice can be given there and then. To simplify the calculations that require to be undertaken, no deductions are made by solicitors for rent and council tax, for example. Instead, the limits for advice and assistance contain built-in averaged allowances for such costs, to simplify the means assessment. It is therefore appropriate that advice and assistance limits should be uprated by the RPI, which includes housing costs.
We therefore propose that from 9 April 2001 the lower weekly disposable income limit be raised from £76 to £79 and the upper limit be raised from £180 to £186. As a result of the upratings, the regulations also revise the contribution bands that determine the level of contribution paid by applicants who receive advice and assistance.
I move,
That the Justice 1 Committee recommends that the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2001 be approved.
Such a well-argued case can only be supported. Perhaps it puts Iain Gray in line to become the fisheries minister.
We will pass over that comment. The question is, that motion S1M-1702 be agreed to.
Motion agreed to.
We will now consider motion S1M-1703, on the Draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2001.
The regulations are concerned with uprating the financial eligibility limits for civil legal aid. The annual upratings are directly linked to increases in the level of income-related social security benefits. As was announced by the Secretary of State for Social Security in November, these benefits have been uprated by the Rossi index, which stood at 1.6 per cent. The Rossi index is based on the retail prices index minus housing costs.
The instrument raises both the lower disposable income limit, below which civil legal aid is available without contribution, from £2,723 to £2,767 a year and the upper limit, above which civil legal aid is not available, from £8,891 to £9,034 a year. Like advice and assistance, the uprating matches social security benefit increases, which are a matter for the UK Government.
Furthermore, dependants' allowances, which are taken into account in the means assessment calculation, are increased in line with the increase in income support personal allowances. I believe that the changes are straightforward; it is up to the committee to decide how well argued they are.
I am happy to move,
That the Justice 1 Committee recommends that the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2001 be approved.
If no other member wishes to make a relevant contribution, I will put the question. The question is, that motion S1M-1703 be agreed to.
Motion agreed to.
The committee is now required to report to the Parliament on these affirmative instruments. As usual, the report will be short and formulaic and I intend to circulate it by e-mail. If no member disagrees, that will be the report. Is that agreed?
Members indicated agreement.