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Senate agrees move to reduce ‘spiralling’ cost of legal aid

Government has to get a tighter grip on legal aid as costs are “spiralling out of control”, former Attorney General Kim Wilson said as the Senate passed the Legal Aid Amendment Act.The legislation cuts down the number of people eligible for legal aid, after projected figures showed $4.8 million would be spent on it for 2011/12, up from $3.9 million in 2009/10.The bill means legal aid will not be provided for divorce and separation proceedings, except where they involve issues of child welfare, while aid for civil matters will be limited to people with Bermudian status, spouses of Bermudians and those in possession of a permanent resident’s certificate.It also introduces merits testing, which means a legal aid committee will consider the nature of cases to decide whether people are eligible, while a number of new factors will be taken into account, such as whether somebody owns timeshares.Senator Wilson, who introduced the bill on Wednesday, said Government has to balance the rising cost of legal aid with the fact people have a right to proper representation in order to maintain justice.One Bermuda Alliance Senator Kathy Michelmore said her party supports the idea of reducing costs on legal aid, but asked what happens to women getting divorced that no longer qualify for legal aid when their high-earning husbands can hire expensive lawyers. Those women may not have the same funds as they spent their lives as home-makers, argued Sen Michelmore.She also warned non-Bermudians who get injured at work will no longer be able to claim legal aid, meaning employers may show less regard for their welfare.She said in the UK lawyers can operate on a no-win, no-fee basis, making it easier for injured workers to take their employers to court.Sen Wilson responded that tough decisions had to be made to cut the spending on legal aid.OBA Senate leader Michael Dunkley said the increased legal aid expenditure correlates to the rise in gun and gang violence.He asked whether gang members were able to claim legal aid as well as using their ill-gotten funds to pay for top lawyers from the UK; Sen Wilson said anyone claiming legal aid cannot also hire their own lawyer.