XN000022-1995-02-22 — Page 33

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The establishment of this Council was one of 25 recommendations in nine subject areas made by a Working Group whose report was approved by the Executive Council and published in July last year, and which took into account the comments received on proposals set out in a public consultation paper released in April 1993. The other eight subject areas covered by the report involved improvements to the scope and operation of the legal aid scheme, and were the subject of the Legal Aid (Amendment) Bill 1995 that I introduced into this Council on 25 January.

Let me make it clear at the outset that the Administration does not interfere with the 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 Legal Aid Services Council be set up by statute.

To safeguard the independence of the Legal Aid Services Council, Clause 3 of the Legal Aid Services Council 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 the 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 members, 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.