Payment rates under criminal legal aid contract spread resources 'too thin'The Legal Services Commission (LSC) this week formally released its proposals for payment rates under the criminal legal aid contract.The effect of the plans will not be to provide any more money to practitioners; this is a matter for the government rather than the LSC.

The proposals simply redistribute the overall pot.In his covering letter, Richard Collins, head of the Criminal Defence Service, said: 'The payment structure and rates are based on those currently applying under the various criminal legal aid schemes.

However, they have been adjusted to take account of the impact of the new contract rules on remuneration.

The proposed new rates will, we believe, broadly ensure the same level of payment to the profession for this work overall under the contract as under the current legal aid arrangements.'Rodney Warren, chairman of the Law Society's access to justice working party, referred to the Lord Chancellor, Lord Irvine's recent assertion that the Criminal Defence Service will not be a cost-cutting exercise.

Mr Warren said: 'He has allowed us the same amount of butter but now expects it to be spread over two pieces of bread rather than one.

What he has failed to take into account is the huge administrative and bureaucratic burden that the proposed contract envisages.'Mr Warren said the Society was negotiating with the government and was determined to secure a rate rise.Following consultation, the LSC has decided to drop its plan of ending the separate standby payments for duty solicitors on rotas.

Similarly, it is reforming rather than abolishing fixed-item payments for police station telephone advice calls.

Other proposals include combining advice and assistance work with representation order work into single claims under the standard fee system.The new monthly payments system will initially be worked out on the basis of one-twelfth of the total payments made to the particular franchised office in the year to 30 November 2000.LINKS www.legalservices.gov.ukNeil Rose