House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

73

House of Commons

Tuesday 6 September 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Legal Aid, Sentencing and Punishment of

Offenders Bill

Note

The Amendments have been arranged in accordance with the Order of

Committee [12 July].

Karl Turner

Mr Elfyn Llwyd

14

Clause  1,  page  1,  line  8,  after ‘services’, insert ‘for the purpose of securing

practical and effective access to justice for individuals’.

Mr Andy Slaughter

Mr Elfyn Llwyd

1

Clause  1,  page  1,  line  13,  leave out ‘may’ and insert ‘must’.

Mr Andy Slaughter

Mr Elfyn Llwyd

2

Clause  1,  page  1,  line  13,  after ‘secure’, insert ‘, through the internet or otherwise,’.

Mr Andy Slaughter

Mr Elfyn Llwyd

61

Clause  1,  page  2,  line  7,  at end insert—

‘(6)
In carrying out his functions under this Act the L ord Chancellor shall—

(a)
protect and promote the public interest;

Public Bill Committee: 6 September 2011
74

Legal Aid, Sentencing and Punishment of , continued

(b)
support the constitutional principle of the rule of law;

(c)
ensure no denial of access to justice;

(d)
ensure that access to legal aid complies with Article 6 of the European

Convention on Human Rights, taking into account any guidance

provided by the European Court of Human Rights.

(7)
T he Lord Chancellor must each year lay a report before Parliament explaining his

legal aid strategy.

(8)
A “legal aid strategy” is a strategy under this section setting out the measures that

the Lord Chancellor has taken in the past 12 months, and the measures he

proposes to take in the next 12 months for the purpose of complying with

subsection (3) and (6) in accordance with the principles in subsection (1A).

(9)
The Lord Chancellor must each year lay before Parliament a further report

describing, in his opinion, the extent to which any changes he has made to the

amount of expenditure on civil legal aid has caused additional costs to other

departments of state.

(10)
Before submitting the report to Parliament under subsection (9) the Lord

Chancellor shall submit the report to the Comptroller and Auditor General for

approval.’.

Kate Green

Mr Elfyn Llwyd

79

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that when an individual is in dispute with the

state or with a body that is an emanation of the state, in relation to a matter of

welfare benefits, employment, debt, housing, or immigration, education or

asylum support, that the individual shall continue to be entitled to legal advice,

assistance and representation against the state or emanation of the state on the

same basis existing prior to the enactment of this Act.’.

Kate Green

Mr Elfyn Llwyd

80

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that in any case where the state or an emanation

of the state has legal advice, assistance or representation, a party in dispute with

the state or an emanation of the state, shall continue to be entitled in turn to

equality of arms and to legal aid for legal advice, assistance or representation in

relation to any claim in welfare benefits, employment, debt, housing, or

immigration, education or asylum support, as they would have been prior to the

enactment of this Act.’.

Kate Green

Mr Elfyn Llwyd

81

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that any individual bringing an appeal on a

point of law or perversity to the Upper Tribunal, Employment Appeal Tribunal,

the Social Security Commissioners, the Court of Appeal or the Supreme Court

shall continue to be entitled to legal aid on the same basis as they would have been

prior to the enactment of this Act. No individual shall be left without access to

legal aid in appeal cases in such higher courts and Tribunals which would have

been in scope prior to the enactment of this Act and on the same basis existing

prior to the enactment of this Act.’.

Public Bill Committee: 6 September 2011
75

Legal Aid, Sentencing and Punishment of , continued

Kate Green

Mr Elfyn Llwyd

82

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that where an individual would experience

difficulty protecting their legal rights by reason of learning difficulties, mental

health problems, other disabilities, language difficulties, problems of literacy or

from not being articulate, in relation to welfare benefits, employment, debt,

housing, or immigration, education or asylum support, that they continue to be

entitled to legal aid on the same basis as they would have been prior to the

enactment of this Act.’.

Kate Green

Mr Elfyn Llwyd

83

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that no areas of law within the scope of legal

aid prior to the enactment of this Act are removed from the scope of legal aid

unless and until a full independent assessment of the costs of removal has been

undertaken and presented to Parliament and in particular unless and until it has

been reasonably established that the removal from scope will not increase the

deficit.’.

Kate Green

Mr Elfyn Llwyd

84

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that a detailed strategic plan to fund the not for

profit legal advice sector is adequately prepared prior to any decisions being

made on changes to the scope of legal aid, to ensure that individuals are not left

without access to legal advice and representation in relation to problems of

welfare benefits, employment, debt, housing, or immigration, education or

asylum support.’.

Kate Green

Mr Elfyn Llwyd

85

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure, before implementing any changes to legal aid

in this Act, that in no part of the country will the proposals result in advice deserts

where it is not reasonably practicable for any person to be able to access legal

advice and assistance in relation to welfare benefits, employment, debt, housing,

or immigration, education or asylum support.’.

Kate Green

Mr Elfyn Llwyd

86

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that any individual wishing to access legal aid

through face to face provision shall be entitled so to do and shall not be compelled

to do so through a telephone gateway.’.

Public Bill Committee: 6 September 2011
76

Legal Aid, Sentencing and Punishment of , continued

Kate Green

Mr Elfyn Llwyd

87

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that before any proposals to provide legal aid

through a telephone gateway are progressed a full further public consultation

takes place on the specific details of such proposals and such proposals are fully

assessed for cost.’.

Kate Green

Mr Elfyn Llwyd

88

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that if a telephone gateway is introduced

sufficient protection is in place to protect the rights of those who would have

problems accessing it by reason of learning difficulties, mental health problems,

language difficulties, problems of literacy, or from not being articulate.’.

Kate Green

Mr Elfyn Llwyd

89

Clause  1,  page  2,  line  7,  at end add—

‘(6)
The Lord Chancellor must ensure that before any changes to legal aid set out in

this Act are made, a full independent assessment is carried out into any likely

increase of litigants in person resulting from such changes and the effect

accordingly on the deficit.’.

Mr Andy Slaughter

3

Clause  2,  page  2,  line  9,  leave out ‘may’ and insert ‘must’.

Mr Andy Slaughter

4

Clause  2,  page  2,  line  11,  after ‘Part’, insert ‘and of fulfilling his obligations under

section 1, having regard to the extent and nature of demand from eligible persons for

Legal Aid’.

Yvonne Fovargue

Mr Elfyn Llwyd

70

Clause  2,  page  2,  line  20,  at end insert—

‘(3A)
Before making regulations relating to the payment of remuneration to barristers

and solicitors in accordance with subsection (3) the Lord Chancellor shall consult

the General Council of the Bar and the Law Society.

(3B)
Where the Lord Chancellor makes regulations in accordance with subsection (3)

he shall have regard to the need to secure the provision of services of the

description to which the order relates by a sufficient number of competent

persons and bodies.’.

Public Bill Committee: 6 September 2011
77

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

17

Clause  2,  page  2,  line  22,  after ‘court’ insert ‘, tribunal’.

Mr Jonathan Djanogly

18

Clause  2,  page  2,  line  23,  after ‘court’ insert ‘, tribunal’.

Mr Andy Slaughter

5

Clause  2,  page  2,  line  25,  leave out subsection (5).

Yvonne Fovargue

90

Clause  2,  page  2,  line  29,  at end insert—

‘(6)
The Lord Chancellor may make funding available on a discretionary basis for

civil legal advice on matters not covered in Schedule 1, where such advice

complements the civil legal services provided for under that Schedule.’.

Yvonne Fovargue

Mr Elfyn Llwyd

64

Clause  3,  page  2,  line  31,  at beginning insert—

‘(A1)
In carrying out the Lord Chancellor’s functions under this Part, the Lord

Chancellor must have regard to the need to ensure that legally aided advice and

representation is of comparable quality to non-legally aided advice and

representation.’.

Yvonne Fovargue

65

Clause  3,  page  2,  line  31,  leave out ‘may’ and insert ‘must’.

Yvonne Fovargue

71

Clause  3,  page  2,  line  33,  leave out ‘may’ and insert ‘must’.

Mr Andy Slaughter

Yvonne Fovargue

6

Clause  3,  page  2,  line  42,  after ‘may’, insert ‘not’.

Yvonne Fovargue

67

Clause  3,  page  3,  line  3,  leave out subsection (5) and insert—

‘(5)
The Lord Chancellor in setting and monitoring standards under this Part must

have regard to the financial and administrative burden placed on the legal

profession.

Public Bill Committee: 6 September 2011
78

Legal Aid, Sentencing and Punishment of , continued

(6)
The Lord Chancellor in setting and monitoring standards under this Part must

have regard to the long-term sustainability of the legal profession and the need

adequately to train and supervise new entrants to the profession.’.

Mr Andy Slaughter

Mr Elfyn Llwyd

8

Clause  4,  page  3,  line  9,  at end insert—

‘(2)
This position will be subject to a pre-appointment hearing by a select committee

of the House of Commons.’.

Yvonne Fovargue

Mr Elfyn Llwyd

72

Clause  4,  page  3,  line  12,  at end insert—

‘(2A)
The Lord Chancellor shall ensure that the Director, or those providing assistance

to the Director in the performance of his functions under this Part, have

experience in or knowledge of—

(a)
the provision of criminal and civil legal services which can be funded

under this Part,

(b)
the work of the courts,

(c)
social conditions, and

(d)
management.

(2B)
Every person who exercises any function in relation to the performance of the

Director’s functions under this Part shall have regard to the desirability of

exercising it so as to—

(a)
promote access to justice and equality of arms,

(b)
promote improvements in the range and quality of civil and criminal

services provided in accordance with this Part and in the ways in which

they are made accessible to those who need them, and

(c)
ensure that the services provided in relation to any matter are appropriate

having regard to its nature and importance.’.

Yvonne Fovargue

68

Clause  4,  page  3,  line  17,  at end insert—

‘(c)
make decisions independently of Government, and

(d)
make all decisions in accordance with the interests of justice.’.

Mr Andy Slaughter

9

Clause  4,  page  3,  line  19,  at end insert ‘except in such cases where the Lord

Chancellor considers that a decision in relation to the denial of legal aid by the Director

would result in the denial of access of justice.’.

Public Bill Committee: 6 September 2011
79

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

Mr Elfyn Llwyd

10

Clause  4,  page  3,  line  20,  leave out subsections (5) and (6) and insert—

(5)
A decision of the Director on eligibility for legal aid may be appealed to the Legal

Aid Tribunal which shall—

(a)
consist of the chairperson and other members appointed under the

subsection below;

(b)
act independently when performing any functions or duties.

(6)
The functions of the Tribunal are to—

(a)
consider applications for review of decisions of the Director on

eligibility;

(b)
conduct and determine reviews of decisions of the Director on eligibility.

(7)
The Lord Chancellor must—

(a)
appoint members of the Tribunal of sufficient number to deal promptly

with all reviews and who between them have experience in a range of

legal areas and types of proceedings; and

(b)
appoint one of the members as the chairperson of the Tribunal.

(8)
The primary function of the chairperson is to ensure that the Tribunal performs

its functions in accordance with this Act in an efficient and effective manner.’.

Mr Andy Slaughter

11

Page  3,  line  24,  leave out Clause 5.

Mr Andy Slaughter

12

Page  4,  line  13,  leave out Clause 6.

Mr Andy Slaughter

13

Clause  7,  page  5,  line  20,  leave out from ‘form’ to ‘resolution’ in line 22 and insert

‘of representation. They may also include additional services such as mediation and other

forms of dispute resolution.’.

Mr Andy Slaughter

75

Clause  8,  page  5,  line  27,  leave out subsection (1).



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