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Let me make it clear at the outset that the Administration does not at present interfere with decisions made by the Legal Aid Department or the Duty Lawyer Service on the granting of legal aid. The Director of Legal Aid has a statutory obligation under the Legal Aid Ordinance to consider applications before her independently; and the Duty Lawyer Service is administered jointly by the Bar Association and the Law Society. However, the Administration recognises that the status of the Legal Aid Department as a Government Department may create a perception problem in some quarters. We have therefore accepted the recommendation of the Working Group that an independent statutory Legal Aid Services Council should be set up.
To safeguard the independence of the Legal Aid Services Council, Clause 3 of this Bill establishes it as a body corporate which can take action to enforce its legal rights or can be sued for breach of its legal duties. It will not be an agent of the Crown and will therefore not enjoy any status as such. Clause 15 also adds the Council onto the Schedule of public bodies under the Prevention of Bribery Ordinance.
Clause 4 of the Bill sets out the functions of the Council clearly. Its main function will be to oversee the Legal Aid Department and the Duty Lawyer Service, although it will not interfere with their handling of individual cases. The Council will also act as the Government's advisory body on the formulation of policies relating to legal aid and on the funding requirements of its executive agents.
Clause 5 of the Bill states that the Legal Aid Services Council will be chaired by a non-official who is independent of both the Government and the legal profession. Its members will include four lawyers and four lay persons, in addition to the Director of Legal Aid and the Administrator of the Duty Lawyer Service who are directly responsible for the provision of legal aid services. Members of the Legal Aid Services Council are required by Clause 8 to disclose any interests that they may have in matters being considered by the Council. On the other hand, Clause 7 protects individual members who act in good faith from civil liabilities for any act or omission of the Council.
Clauses 9 to 13 of the Bill deal with the modus operandi of the Council. To enhance its accountability, the Council will be required to submit an annual report to the Governor, and to table its report before this Council. The accounts of the Legal Aid Services Council will be subject to examination and inquiry by the Director of Audit.