House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

111

House of Commons

Thursday 8 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].

Mr Jonathan Djanogly

22

Clause  9,  page  6,  line  8,  leave out ‘the individual’s rights’ and insert ‘any rights of

the individual’.

Mr Jonathan Djanogly

23

Clause  9,  page  6,  line  8,  leave out ‘under European Union law’ and insert ‘that are

enforceable EU rights’.

Mr Elfyn Llwyd

96

Clause  9,  page  6,  line  11,  before ‘any’, insert ‘the interests of justice, including’.

Mr Elfyn Llwyd

97

Clause  9,  page  6,  line  12,  at end insert—

‘(c)
that there is significant wider public interest in the resolution of the case,

(d)
that the case is of overwhelming importance to the individual, or

(e)
that should the individual represent himself this would create obvious

unfairness in all the circumstances of the case.

(3A)
For the purposes of subsection (3)(c), exceptional funding should be provided

where, in the particular circumstances of the case, the provision of legal services

Public Bill Committee: 8 September 2011
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Legal Aid, Sentencing and Punishment of , continued

under this Part is likely to produce significant benefits for a class of person, other

than the individual and members of the individual’s family.

(3B)
For the purposes of subsection (3)(d), exceptional funding should be provided

where a case has exceptional importance to the client, beyond the monetary value

(if any) of the claim, because the case concerns the life, liberty or physical safety

of the client or his or her family, or a roof over their heads or raises other

significant human rights issues.’.

Kate Green

226

Clause  9,  page  6,  line  12,  at end add—

‘(c)
that the individual is a child, or is without mental capacity’.

Kate Green

227

Clause  9,  page  6,  line  33,  at end add—

‘(7)
Civil legal services are to be available to an individual on a means tested basis for

advice and assistance to prepare an application for funding undert subsection

(2)(a).’.

Mr Jonathan Djanogly

24

Clause  10,  page  6,  line  38,  leave out ‘section’ and insert ‘paragraph’.

Mr Elfyn Llwyd

98

Clause  10,  page  6,  line  42,  leave out from ‘particular’ to ‘reflect’ in line 43 and

insert ‘ensure the criteria’.

Mr Elfyn Llwyd

99

Clause  10,  page  7,  line  19,  at end insert—

‘(3A)
In determining whether an individual qualifies for civil legal services under this

Part, nothing in any regulations produced by the Lord Chancellor shall preclude

the provision of services on the basis of the availability of alternative sources of

funding save where the Director can show:

(a)
an alternative source of funding is practicably accessible to the individual

in all the circumstances of the case,

(b)
it is reasonable to expect the individual to access this alternative source

of funding, and

(c)
funding by this alternative route does not substantially prevent the

indivudual from being fairly compensated by an award of damages.’.

Mr Elfyn Llwyd

100

Clause  10,  page  7,  line  25,  at end insert—

‘( )
But the Director must determine that an individual qualifies for civil legal

services where the services relate to a matter falling within paragraph 10 of

Schedule 1 and—

Public Bill Committee: 8 September 2011
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Legal Aid, Sentencing and Punishment of , continued

(a)
the individual has been admitted to a refuge for persons suffering from

domestic abuse,

(b)
the individual has obtained medical or other professional services

relating to the consequences of domestic abuse, or

(c)
an assessment for the purpose of possible mediation of a family dispute

has concluded that the parties need not engage in mediation as a result of

domestic abuse, and in this subsection “domestic abuse” means abuse of

the kind to which paragraph 10(1) of Schedule 1 relates.’.

Mr Elfyn Llwyd

101

Clause  11,  page  7,  line  32,  at end insert—

‘(1A)
A determination that an individual does not qualify under this Part for civil legal

services must be fully reasoned and communicated in writing to the individual or

his representative.’.

Mr Elfyn Llwyd

102

Clause  12,  page  8,  line  23,  leave out from ‘premises’ to end of line 11 on page 9.

Mr Elfyn Llwyd

103

Clause  12,  page  8,  line  23,  leave out from ‘premises’ to ‘determination’ in line 25.

Karl Turner

15

Clause  12,  page  8,  line  27,  at end insert ‘and the need to secure that individuals

involved in criminal investigations or criminal proceedings have access, regardless of

their means, to such advice, assistance and representation as the interests of justice

require’.

Mr Elfyn Llwyd

104

Clause  12,  page  8,  line  28,  leave out subsection (3) and insert—

‘(2A)
Regulations may require the Director to make a determination in a form and

manner which complies with regulations save insofar as subsection (3) applies.

(3)
The Director may not make a determination that an individual does not qualify

for advice and assistance under this section by reference to—

(a)
section 20 (financial eligibility) and regulations under that section, or

(b)
the interests of justice.’.

Public Bill Committee: 8 September 2011
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Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

105

Clause  12,  page  9,  line  18,  leave out subsection (9).

Mr Jonathan Djanogly

25

Clause  13,  page  9,  line  40,  leave out ‘body’ and insert ‘, person’.

Mr Elfyn Llwyd

106

Clause  14,  page  9,  line  43,  leave out ‘may’ and insert ‘must’.

Mr Jonathan Djanogly

26

Clause  14,  page  10,  line  8,  leave out ‘or other body’ and insert ‘, tribunal or other

person’.

Mr Elfyn Llwyd

107

Clause  14,  page  10,  line  42,  leave out ‘may’ and insert ‘must’.

Mr Jonathan Djanogly

27

Clause  14,  page  10,  line  42,  after ‘court’, insert ‘, tribunal’.

Mr Jonathan Djanogly

28

Clause  15,  page  11,  line  8,  after ‘determined’ insert ‘(provisionally or otherwise)’.

Mr Jonathan Djanogly

29

Clause  15,  page  11,  line  15,  after ‘determined’ insert ‘(provisionally or

otherwise)’.

Mr Elfyn Llwyd

118

Clause  15,  page  11,  line  22,  at end insert—

‘( )
An individual to whom representation is made available under this Part for the

purpose of criminal proceedings may select any representative willing to act for

Public Bill Committee: 8 September 2011
115

Legal Aid, Sentencing and Punishment of , continued

that individual, and where such a selection is made the representation is to be by

way of legal services provided by the selected representative.’.

Mr Elfyn Llwyd

119

Clause  16,  page  12,  line  8,  leave out from ‘determination’ to end and insert ‘the

relevant authority must take into account all the circumstances; but it must treat the

interests of justice as requiring representation to be made available where’.

Mr Elfyn Llwyd

120

Clause  16,  page  12,  line  9,  leave out ‘whether’.

Mr Elfyn Llwyd

121

Clause  16,  page  12,  line  12,  leave out ‘whether’.

Mr Elfyn Llwyd

122

Clause  16,  page  12,  line  14,  leave out ‘whether’.

Mr Elfyn Llwyd

123

Clause  16,  page  12,  line  16,  leave out ‘whether’.

Mr Elfyn Llwyd

124

Clause  16,  page  12,  line  17,  leave out ‘and’ and insert ‘or’.

Mr Elfyn Llwyd

125

Clause  16,  page  12,  line  18,  leave out ‘whether’.

Mr Elfyn Llwyd

Karl Turner

126

Clause  16,  page  12,  line  20,  leave out subsection (3).

Mr Jonathan Djanogly

30

Clause  17,  page  13,  line  19,  after ‘court’ insert ‘, tribunal’.

Mr Jonathan Djanogly

31

Clause  17,  page  13,  line  23,  leave out ‘and section 19(3)’.

Public Bill Committee: 8 September 2011
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Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

127

Clause  17,  page  13,  line  24,  leave out subsection (7).

Mr Jonathan Djanogly

32

Clause  17,  page  13,  line  24,  at end insert—

‘( )
This section does not authorise the Director to make a provisional determination

and accordingly—

(a)
references in this section to a determination do not include a provisional

determination, and

(b)
references in this section to a decision do not include a decision made as

part of such a determination.’

Mr Jonathan Djanogly

33

Clause  18,  page  14,  line  5,  after ‘court’ insert ‘, tribunal’.

Mr Jonathan Djanogly

34

Clause  18,  page  14,  line  10,  at end insert—

‘( )
Regulations under this section may not authorise a court to make a provisional

determination and accordingly—

(a)
references in this section to a determination do not include a provisional

determination, and

(b)
references in this section to a decision do not include a decision made as

part of such a determination.’

Mr Jonathan Djanogly

35

Clause  19,  page  14,  line  23,  after ‘of’ insert ‘provisional’.

Mr Jonathan Djanogly

36

Clause  19,  page  14,  line  24,  after ‘provision’ insert ‘equivalent to that’.

Mr Jonathan Djanogly

37

Clause  19,  page  14,  line  24,  leave out ‘(h)’ and insert ‘(i)’.

Mr Jonathan Djanogly

38

Clause  19,  page  14,  line  28,  after second ‘determination’ insert ‘made’.

Public Bill Committee: 8 September 2011
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Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

39

Clause  19,  page  14,  line  29,  leave out ‘under section 15’ and insert ‘in reliance on

section 17 or 18’.

Mr Jonathan Djanogly

Mr Elfyn Llwyd

40

Clause  19,  page  14,  line  30,  leave out subsection (3).

Mr Jonathan Djanogly

41

Clause  19,  page  14,  line  33,  leave out ‘the regulations’ and insert ‘regulations

under this section’.

Mr Elfyn Llwyd

129

Clause  20,  page  15,  line  2,  at beginning insert ‘subject to section 22(11A)’.

Mr Elfyn Llwyd

130

Clause  20,  page  15,  line  5,  at beginning insert ‘Subject to section 22(11A)’.

Mr Elfyn Llwyd

131

Clause  22,  page  17,  line  16,  leave out paragraphs (a) and (b).

Mr Elfyn Llwyd

132

Clause  22,  page  18,  line  18,  at end insert—

‘(11A)
The Lord Chancellor may not, in regulations under this Part, make prescriptions

which would require—

(a)
an individual with £3,000 or less to make any capital based contribution

to the cost of legal services,

(b)
capital, whether real or nominal, in a primary dwelling, to be taken into

account when assessing capital eligibility under this section,

(c)
an individual with monthly disposable income of less than £316 to make

any income based contribution towards the cost of legal services,

(d)
an individual with monthly disposable income of between £316 and

£733, to make a contribution which exceeds 30 per cent of disposable

monthly income.



© Parliamentary copyright	Revised 8 September 2011