Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, the Bill provides for regulations to enable the Lord Chancellor to require a person who qualifies for legal aid to pay an amount exceeding the costs of the civil legal aid services provided. I confess to bewilderment, frankly, at the notion that, in these circumstances, a legally aided person should be obliged to pay an amount greater than the cost of the services—it is almost turning that aspect of legal aid into a profit-making concern. There is no rationale in the Bill for why that should be the case. Litigants do not ordinarily pay more than the assessed costs of a case unless they have incurred some kind of penalty in so doing. The only analogy, when we come to Part 2 of the Bill, is of a success fee having to be paid, effectively, by a litigant. However, in this clause it is not limited to a successful litigant; it simply allows for a prescribed amount in excess of the assessed costs of the civil legal aid services. I simply do not understand whence this derives. The noble Lord, Lord Thomas, has tabled an amendment which questions the principle and provides for an element of discretion in these matters. However, the Minister has to explain, with respect, why it is that recipients of legal aid should be expected to pay more than the costs that they have incurred. I beg to move.