Justice 1 Committee, 25 Feb 2003

Meeting date: Tuesday, February 25, 2003

Official Report 256KB pdf

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Subordinate Legislation

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Civil Legal Aid (Financial Conditions) (Scotland) Regulations (Draft)<br />Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 (Draft)

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Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (Draft)

The committee is back in session, after a welcome break for a cup of coffee. I welcome back Hugh Henry, the Deputy Minister for Justice, who will take part in the proceedings for the subordinate legislation.

I refer committee members to the clerk's note J1/03/5/12, on the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2003 and the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003. I also refer members to the clerk's note J1/03/5/13, on the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

The three sets of regulations do two things. They provide for the annual uprating of the financial eligibility limits for advice and assistance and civil legal aid and they consolidate and amend the assistance by way of representation—ABWOR—regulations. It may be useful if I give a brief explanation of each of the instruments in turn.

The draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 uprate the financial eligibility limits for advice and assistance. Those limits are increased annually in line with contributory benefits. The Secretary of State for Work and Pensions announced on 18 November that those benefits would rise by the increase in the retail prices index, which this year was 1.7 per cent. We therefore propose to increase the income limits and contributory bands for advice and assistance accordingly.

Members will recall that one of the recommendations of the committee's report on legal aid was that the capital limits should also be uprated annually. We propose to increase the capital limit for advice and assistance on broadly the same basis.

The draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2003 deal with the uprating of the limits for civil legal aid. That is linked to increases in the level of income-related benefits. As announced by the Secretary of State for Work and Pensions in November, those benefits have been uprated by the increase in the Rossi index, which is based on RPI less housing costs. The Rossi index this year rose by 1.3 per cent. We therefore propose to increase the income limits for civil legal aid accordingly.

Following the committee's recommendations, those regulations will also increase the lower and upper disposable capital limits for civil legal aid. The changes that we propose today are technical ones. They are not intended substantially to widen eligibility for legal aid, but to ensure that it is kept up to date and that no one falls out of the legal aid net because of the effects of inflation.

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 have two purposes. They consolidate and amend the ABWOR regulations to take account of successive small changes over recent years. They also make ABWOR available for certain proceedings before the VAT tribunals in Scotland, as promised by ministers last year, and to third parties in relation to confiscation orders under the Proceeds of Crime Act 2002. That is a technical change that is required to make the act work properly.

I have a general question. I understand the idea of annual uprating. It is sensible that there should not suddenly be a big jump. How often do the minister and the civil servants stand back from the whole thing and ask whether the levels are right, whether the capital level should be doubled, or whether more allowance should be made for poor people whose cost of living may have increased by more than the annual official figure? Is a more thorough review of the whole thing carried out every three or four years, in addition to the annual uprating?

Last year, we stood back and looked at the capital levels, as the committee recommended. We think that the levels are more or less right, and what we are doing now is just ensuring that they keep pace with changes in benefit levels. Some of the more fundamental analysis was undertaken last year.

Motions moved,

That the Justice 1 Committee, in consideration of the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003, recommends that the Regulations be approved.

That the Justice 1 Committee, in consideration of the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2003, recommends that the Regulations be approved.

That the Justice 1 Committee, in consideration of the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003, recommends that the Regulations be approved.—[Hugh Henry.]

Motions agreed to.

Thank you very much, minister. A report on the committee's decisions regarding all the regulations will be issued for members' consideration via an e-mail from the clerks.

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Civil Legal Aid (Scotland) Amendment Regulations 2003 (SSI 2003/49)

The committee will now consider the Civil Legal Aid (Scotland) Amendment Regulations 2003 (SSI 2003/49) under the negative procedure. I refer members to the clerk's note J1/03/5/14 on the regulations. Are members content simply to note the regulations?

Members indicated agreement.

Thank you for your attendance. The next committee meeting, at which the committee will consider a draft report on its inquiry into alternatives to custody, will be at 2 pm on Tuesday 4 March in committee room 4.

Meeting closed at 16:21.