Orders of the Day — Legal Aid and Solicitors (Scotland) Bill

Part of the debate – in the House of Commons at 12:00 am on 16 December 1948.

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Photo of Mr Niall Macpherson Mr Niall Macpherson , Dumfriesshire 12:00, 16 December 1948

I wish to confine my remarks to a very narrow channel because I have been unable to go very deeply into this Bill and I also deplore the fact that the legal profession, quite plainly, has not had much opportunity of discussing it. I want to follow on the remarks of the hon. Member for Kilmarnock (Mr. Ross) and remind the House of one of the basic principles that the Cameron Report laid down. That was that this Bill should be flexible. If we are going to have a Bill of this description—and I raise this matter now because this is the only chance we shall get of raising it owing to the way in which the Financial Resolution is drawn—I fail to see why we should put a limit at a definite figure. The limit is put at the figure of £420 net income after certain deductions. Assuming total costs of an action to be £500, if I am right in my calculations, that will mean that a man whose net income works out at £418 may if he loses, have to contribute half the difference between £156 and £418, which amounts to £131. But if his income is £422 he will have to pay £500—the whole cost of the action.

Surely something more flexible than that could have been designed. We are told in the report that flexibility should be the order of the day. Here, however, we have an absolutely rigid limit which cannot be altered. It is so rigid that, unlike the provisions of the National Insurance Act, it is put in the body of the Bill and not even in a Schedule. Definitely that is wrong. I do not know what should be done about it, but I suggest that there are a number of considerations in the Financial Resolution which will tie down the discussion in the Committee so greatly that it would be as well if we did not get to the Financial Resolution tonight.

My only other main point is to reinforce what has been said about the means of assessment. As I understand it, one goes first to the local committee and from there one is passed to a panel solicitor. Thereafter, if there is a probabilis causa, one is then subjected to this means test by the National Assistance Board. The other main principle laid down by the Cameron Committee was that we should build on existing foundations. We have an existing foundation in the statutory declaration that has always been made on means. Surely, that is satisfactory and sufficient. Cannot that be accepted? It would be possible to insert in the Bill legal sanctions in the event of the declaration being falsely made. Equally, it would be possible if the local committee or even the solicitor had reasonable doubts as to the validity of the declaration—then and in that case only—to submit it to the National Assistance Board. It seems to me that where we have a well-established and good practice it is a great pity to discard it merely in order to come into line with what is being put into force south of the Border.