A BILL aimed at making improvements to the legal aid process in family matters will start making its way through the House of Keys next month.
Provisions in the Legal Aid (Amendment) Bill include the introduction of a new legal aid appeals tribunal with the power to adjudicate on any appeal, whether brought by the assisted party or the opponent of an assisted party.
It also seeks to introduce a reconstituted legal aid committee. Its functions would be prescribing general policy, overseeing the administration of legal aid and adjudicating on any complaints other than matters within the jurisdiction of the tribunal about any certifying officer.
The changes were proposed in a select committee report after litigants complained about gaps in the legal aid appeals process.
The committee accepted the petitioners had highlighted a shortcoming with the legal aid system.
The matter came to light after one party to a divorce wanted to appeal against a decision to grant legal aid to the other, claiming it encouraged them to abuse the system and prevaricate without fear of the cost.
This meant a non-legally aided party was put at a disadvantage because they had no means to appeal against the grant of legal aid to the other party.
Their only appeal was by potentially costly High Court proceedings.
The select committee was set up in October 2009, with Ayre MHK Eddie Teare as chairman and Tim Crookall (Peel) and then Douglas north MHK Bill Malarkey as members.
Recommendations on changes to the legal aid process were approved by Tynwald in October 2010 and, after the bill was drawn up, it was put out to public consultation in July 2011.
Among the recommendations were that a third party should be able to review actions of the legal aid certifying officer.
In addition, the proposed Tynwald Commissioner for Administration (commonly known as the ombudsman) should be able to investigate the practices of the legal aid certifying officer.
A board should be set up to oversee administration of the legal aid system and review the actions of the certifying officer.
A majority of members at a sitting should be non-lawyers.
A progress report due to go before next week’s Tynwald sets out the timescale for the bill’s introduction.
