Subordinate Legislation
Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008 (Draft)
Item 4 is subordinate legislation. The draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations are subject to the affirmative procedure. I welcome Kenny MacAskill, the Cabinet Secretary for Justice, who is accompanied by Chris Graham, from the civil legal aid policy team, and Fiona Glen, a solicitor with the Scottish Government.
I refer members to the draft regulations and to the cover note—J/S3/08/8/14. Members should note that the draft regulations were drawn to the committee's attention on the ground that an explanation had been sought from and provided by the Government. I invite the cabinet secretary to speak to the draft regulations and to move motion S3M-1406.
The draft regulations will make changes to the financial eligibility rules for advice and assistance, which provides for initial legal advice, and to civil legal aid, which provides for a solicitor taking a case to court. The rules specify the amounts of disposable income and disposable capital above which an individual is not eligible to receive assistance. They also specify the amounts below which individuals are not required to make a financial contribution and the levels of contribution which apply to the various bands of income between the two limits.
The draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008 and the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008 will apply to those limits an increase that is broadly in line with the rate of inflation, and will adjust the income bands for contribution payments accordingly. That means that, from April this year, individuals will be eligible to receive support for the costs of initial legal advice if they have weekly disposable income of up to £223. The calculation of disposable income disregards a wide range of benefits such as child tax credit, pension credit and housing benefit, and allows deductions for maintenance payments and allowances for dependent children or adults. Individuals whose weekly disposable income is £95 or less will be eligible without having to make any contribution. The table of contributions for disposable income between £95 and £223 is shown in the regulations.
The draft legal aid regulations make similar amendments to the annual disposable income and disposable capital limits above which an individual may not be eligible to receive civil legal aid. Contributions to the costs of civil legal aid are calculated as a proportion of annual disposable income above a specified figure. The draft regulations will, from April this year, increase that figure to £3,156.
These annual inflationary increases are an important and long-standing practice that is designed to ensure that the current range of eligibility for publicly funded legal assistance is maintained in real terms.
I move,
That the Justice Committee recommends that the draft Civil Legal (Financial Conditions) (Scotland) Regulations 2008 be approved.
As members have no questions or comments, I do not think that the cabinet secretary will feel the need to wind up.
Absolutely not.
Motion agreed to.
Advice and Assistance<br />(Financial Conditions) (Scotland) Regulations 2008 (Draft)
We now turn to the next item of subordinate legislation. I ask Mr MacAskill to remain for the moment.
The draft Advice and Assistance (Financial Conditions) (Scotland) Regulations are subject to the affirmative procedure. I refer members to the draft regulations and to the cover note—J/S3/08/8/15. Members should note that the draft regulations were drawn to the committee's attention on the ground that an explanation had been sought from and provided by the Government. I invite the cabinet secretary to speak to the draft regulations and to move motion S3M-1407.
Motion moved,
That the Justice Committee recommends that the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008 be approved.—[Kenny MacAskill.]
Have the cabinet secretary's previous remarks encapsulated the debate?
I would adopt the points that I made previously, since we are dealing with legal matters.
As there are no questions or comments, I take it that the cabinet secretary feels no need to wind up.
That is right.
Motion agreed to.
I thank the cabinet secretary for his attendance and suspend the meeting briefly.
Meeting suspended.
On resuming—
Protected Trust Deeds (Scotland) Regulations 2008 (Draft)
Item 6 is another item of subordinate legislation. The draft Protected Trust Deeds (Scotland) Regulations 2008 are subject to the affirmative procedure. I welcome Fergus Ewing, the Minister for Community Safety. He is accompanied by Gillian Thompson, who is the accountant in bankruptcy, and Simon Roberts, who is policy manager at the Accountant in Bankruptcy.
I refer members to the draft regulations and to the cover note, which is paper J/S3/08/8/16. Members should note that the draft regulations were drawn to the committee's attention on the ground that an explanation had been sought from and provided by the Government. I invite the minister to speak to the draft regulations and to move motion S3M-1365.
Thank you, and good morning to members of the committee and others.
The Bankruptcy and Diligence etc (Scotland) Act 2007 contains the power to make new regulations for protected trust deeds. Protected trust deeds provide a less formal alternative to bankruptcy and have an important place in Scotland's law of personal debt. However, it is essential that both creditors and debtors are confident that protected trust deeds operate fairly. The draft regulations are a response to concerns about protected trust deeds that were expressed in debates during the passage of the Bankruptcy and Diligence etc (Scotland) Bill.
The draft regulations will improve the administration of protected trust deeds and ensure that the Accountant in Bankruptcy is empowered to supervise them. They will also introduce a process to formalise the discharge of debtors and ensure that student loans are treated in the same way as they are in bankruptcy.
The enabling power in the primary legislation is fairly wide, but I decided to exercise the power narrowly in the draft regulations. It is important that we are seen to address the valid concerns that debtors and creditors have raised about the operation of protected trust deeds in Scotland. The draft regulations will achieve that by making the operation of protected trust deeds more transparent and accountable. They support the proper use of protected trust deeds as a form of debt relief and will improve public confidence in them.
We will monitor the performance of protected trust deeds and review the effect of the regulations. If necessary, we will make more radical changes at a later date.
I move,
That the Justice Committee recommends that the draft Protected Trust Deeds (Scotland) Regulations 2008 be approved.
Thank you. As there are no questions or comments, I ask the minister whether he feels the need to wind up.
No.
I am relieved to hear that.
Motion agreed to.
Meeting continued in private until 12:42.