RESPONSE TO PROPOSALS BY THE LEGAL AID COMMITTEE

REGARDING APPROPRIATE FEES TO BE PAID IN RESPECT OF WORK CARRIED OUT FURTHER TO THE IMPLEMENTATION OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002 

SEPTEMBER 2003

Nationality, Immigration & Asylum Act 2002

Civil Legal Aid was extended on 1 April 2003 to cover proceedings before an Adjudicator of the Immigration Appellate Authority as well as proceedings before the IAT and SIAC.

Green Form

Interpreters fees

We welcome the proposal that the General Authority be amended to allow a maximum of 13 hours interpreting at what is a reasonable rate.  We agree that it is unlikely that an interpreter would be engaged by a solicitor, in normal circumstances, for more than the 13 hour period.  However, an immigration detainee in Northern Ireland will be detained in HMP Maghaberry, this is not an ‘exceptional’ circumstance and in this case an interpreter my be involved in a case under the Green Form Scheme for over 13 hours. The length of time travelling to HMP Maghaberry, possibly waiting in order to be able to meet with the client and then taking detailed instructions, possibly on a number of occasions, could foreseeably exceed 13 hours.  It would therefore be appropriate to recognise this in any arrangements made for legal aid purposes either by extending the General Authority to allow a maximum of a possible 20 hours for interpreters in detained cases or in the form of specific guidance stating the such cases are suitable for an extension beyond the normal 13 hours allowed.

We would seek clarification as to what rate it is proposed to pay interpreters travel and waiting.

Time spent by Solicitors

Again, we welcome the recognition that a case, up to the point of when Civil Legal Aid can be applied for, may entail 17 hours of work. 

We note the recent increase in the Green Form hourly rate and assume that the increased rate would be included in this guidance.

We would seek confirmation that time spent travelling to, for example, an interview at the airport or to HMP Maghaberry would be at the same rate as time spent waiting.

We would seek confirmation that the time involved in applying for Civil Legal Aid can be claimed for under the Green Form Scheme

Unsociable hours

We welcome the recognition by the Committee that an uplift by a third for unsocial hours should be allowed to mirror the current PACE arrangements.

We note the recent increase in the Green Form hourly rate and assume that a third uplift of the increased rate would be included in this guidance.

Other disbursements

In addition to your point regarding disbursements, we suggest that it may be more practical for both the Department and practitioners if a general authority were to be given to enable medical evidence to be obtained up to, for example a maximum of £300.00 with the possibility, in exceptional cases for further extensions to be sought. By way of example, such disbursements may include:

cost of travel to HMP Maghaberry/UK Immigration Service based at Belfast International Airport;

n   Psychiatric report;

n forensic medical report;

n Doctor’s report;

n expert country of origin report, eg Social Anthropologist.

We suggest that provision needs to be made to cover such reports where required.

Use of Clerks or Paralegals at Screening Interviews

We welcome recognition by the Committee of the need, in certain circumstances, for clerks/paralegals to attend screening interviews in place of the qualified solicitor.  However, there may be occasions when the solicitor will be unable to attend the substantive asylum interview/marriage interview etc at Belfast International Airport and would suggest that guidance to the Department includes recognition of this fact.  Any substantive interview in relation to an immigration matter is of paramount importance to an individual’s case and attendance by a representative in the form of a solicitor/clerk/paralegal is fundamentally important.  We would therefore welcome the 50% qualified fee applying under the current Green Form payment arrangements for the attendance of a clerk/paralegal to be extended to cover other interviews conducted by UK Immigration Service in relation to an individual’s application to remain in the UK.

We would seek confirmation that a paralegal/clerk will be paid for travel costs as well as travel time and waiting.  We would also seek clarification as to these rates of pay.

Civil Legal Aid

Appeals to an Adjudicator:

We welcome the proposed composite fee of £1,200 equating to 15 hours at £80 per hour.  We would note, however, that owing to the complexity of particular cases and perhaps the number of expert witnesses involved in preparation for a particular appeal, certain cases will involve work beyond the 15 hour period.

We seek clarification as to the meaning of composite fees and what evidence will be required as to work done by practitioners.

Appeals to Immigration Appeal Tribunal

We welcome the proposal to allow a composite fee of £1,600 equating to 20 hours at £80 per hour.  Again, as with appeals before the Adjudicator, we would ask the Committee to note that it is not unusual for a case to involve over 20 hours work owing to the complex nature of a particular case and/or the number of expert witnesses involved.

We seek clarification as to the meaning of composite fees and what evidence will be required as to work done by practitioners.

Fees in respect of disbursements

With regard to a recommendation that a fee of £15 per A4 page for translation of documents be allowed, we would comment that it is not unusual that, for example Court Order to be produced before the IAA/IAT/SIAC containing complicated legal terminology and welcome the fact that the Committee has recognised the importance of paying an appropriate level of remuneration in these circumstances.  However, an A4 page of translation can, on the other hand, entail a lengthy and detailed translation of a newspaper article/letter submitted by a client etc, and such translation would involve a large amount of work on the part of the interpreter.  Would perhaps a word count be a better way to calculate fees for the translation of documents?

Finally, we would comment that it is not unusual for one case to necessitate the translation of over 10 A4 pages at either the initial stage of an application to the Home Office or in relation to an appeal to an adjudicator, the IAT or the SIAC.