Legal Aid, Sentencing and Punishment of Offenders Bill

I refer to quality because the amendment itself does so, but the application for legal aid will go to the new director, who will consider both the question of legal aid and whether there is justification for having expert witnesses, as I said before. As I said, disputes as to the accuracy or otherwise of expert evidence can be the subject of extensive debate, even litigation, and the notion of a single objective standard that could be applied without reviewing evidence or advice given on a case-by-case basis, bearing in mind the myriad scenarios—in which, for example, a psychologist might be giving evidence or advice—does not hold water. Equally, we find the notion of accessibility somewhat difficult in the context of expert evidence. By definition, these individuals are experts in their fields and therefore few in number, and their engagement in any given proceeding is, outside the major urban conurbations, unlikely to be geographically convenient—a point made by the noble and learned Lord. Under the current framework, experts are quite naturally drawn from far and wide and it is not within the Lord Chancellor’s gift, nor should it be, to try to control or influence the geographical distribution of experts in England and Wales. The noble Lord, Lord Beecham, referred to the matter of lower rates being applied in London. The fact is that expert provision reacts to normal economic considerations of supply and demand. It follows, of course, that in areas of higher supply there is greater competition, and it should be open to the Government to pay slightly lower rates to reflect that position. I should also add that paying differential rates in different geographical areas is not a new concept. In the criminal legal aid payment scheme, the differences in delivery cost to providers are reflected in the differential rates payable, as is the concept of economies of scale for those residing in major urban conurbations. Wider economic features such as supply and demand must, from the purchasing point of view, be considered when setting rates of remuneration, and neither expert remuneration nor legal practice remuneration can be exempt from such considerations. The code to define rates for experts introduced in October last year was based on the benchmark or guidance rates applied by the LSC to guide caseworkers when assessing expert witness services as a part of a solicitor’s final bill minus 10 per cent, in line with the 10 per cent reduction also being imposed on legal aid solicitors’ fees. The benchmark rates are being developed by experienced civil bill assessment staff at the LSC and are based on their experience of typical hourly rates charged by experts in their respective geographic regions. The rates reflect the LSC’s experience that there is a greater supply of experts in London, which allows more competitive rates to be paid.