House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 14 July 2011
20

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

44


Schedule  3,  page  122,  line  26,  leave out ‘the person’s rights’ and insert ‘any rights

of the person’.

Mr Jonathan Djanogly

45


Schedule  3,  page  122,  line  26,  leave out ‘under European Union law’ and insert

‘that are enforceable EU rights’.

Mr Jonathan Djanogly

46


Schedule  3,  page  123,  line  22,  leave out ‘or other body’ and insert ‘, tribunal or

other person’.

Mr Jonathan Djanogly

47


Schedule  3,  page  123,  line  43,  after ‘determined’ insert ‘(provisionally or

otherwise)’.

Mr Jonathan Djanogly

48


Schedule  3,  page  124,  line  18,  at end insert—

      ‘()
The Director may not make a provisional determination under sub-paragraph

(2)(b) unless authorised to do so by regulations under sub-paragraph (8).’.

Mr Jonathan Djanogly

49


Schedule  3,  page  124,  line  31,  leave out sub-paragraph (10).

Mr Jonathan Djanogly

50


Schedule  3,  page  124,  line  38,  after ‘determination’ insert ‘made’.

Mr Jonathan Djanogly

51


Schedule  3,  page  124,  line  39,  leave out ‘under section 15’ and insert ‘in reliance

on section 17 or 18’.

Mr Jonathan Djanogly

52


Schedule  3,  page  124,  line  40,  after ‘under’ insert ‘sub-paragraph (2)(b) made

otherwise than in reliance on’.

Mr Jonathan Djanogly

53


Schedule  3,  page  125,  line  11,  at end insert—

‘7A
In Schedule 2, references to criminal legal aid include advice, assistance and

representation required to be made available under paragraph 4 or 5 of this

Schedule.’.

Public Bill Committee: 14 July 2011
21

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

54


Clause  31,  page  23,  line  23,  leave out ‘an individual’s rights’ and insert ‘any rights

of an individual’.

Mr Jonathan Djanogly

55


Clause  31,  page  23,  line  23,  leave out ‘under European Union law’ and insert ‘that

are enforceable EU rights’.

Mr Jonathan Djanogly

56


Clause  38,  page  27,  line  12,  leave out ‘body’ and insert ‘person’.

Mr Jonathan Djanogly

57


Clause  39,  page  28,  line  4,  leave out ‘body’ and insert ‘person’.

Mr Jonathan Djanogly

58


Clause  39,  page  28,  line  29,  leave out from ‘19(4)’ to end of line 31.

New Clauses relating to part 1

Principles for the exercise of Lord Chancellor’s functions

Mr Andy Slaughter

NC1


To move the following Clause:—

‘(1)
In exercising his functions under this Act, the Lord Chancellor must have regard

to the principles in subsection (2).

(2)
Those principles are—

(a)
access to justice is the constitutional right of each citizen;

(b)
the right of access to justice applies equally to civil and criminal law;

(c)
the interests of the citizen should determine policy on access to justice

issues, not those of the providers of services;

(d)
the constitutional right to be regarded as innocent until proven guilty

should be respected as the cardinal principle of criminal law;

(e)
promoting access to justice requires policies across a range of areas

including law reform, education and legal services; and

Public Bill Committee: 14 July 2011
22

Legal Aid, Sentencing and Punishment of , continued

(f)
proposals for reform should take account of levels of resources but the

availability of resources should not dictate policy.’.

Alternative funding arrangements for legal aid

Mr Andy Slaughter

NC2


To move the following Clause:—

‘The Lord Chancellor may by regulations make provision for alternative sources

of funding to support the provision of Legal Aid.’.

Mr Jonathan Djanogly

59


Schedule  7,  page  153,  line  36,  leave out ‘33B’ and insert ‘33B(1)(d)’.

Order of the House [29 JUNE 2011]

That the following provisions shall apply to the Legal Aid, Sentencing and Punishment

of Offenders Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 13 October 2011.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Public Bill Committee: 14 July 2011
23

Legal Aid, Sentencing and Punishment of , continued

Order of the Committee [12 JULY 2011]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

12 July) meet—

(a)
at 4.00 pm on Tuesday 12 July;

(b)
at 9.00 am and 1.00 pm on Thursday 14 July;

(c)
at 10.30 am and 4.00 pm on Tuesday 19 July;

(d)
at 10.30 am and 4.00 pm on Tuesday 6 September;

(e)
at 9.00 am and 1.00 pm on Thursday 8 September;

(f)
at 10.30 am and 4.00 pm on Tuesday 13 September;

(g)
at 9.00 am and 1.00 pm on Thursday 15 September;

(h)
at 10.30 am and 4.00 pm on Tuesday 11 October;

(i)
at 9.00 am and 1.00 pm on Thursday 13 October;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

      TABLE

Date
Time
Witness

Tuesday 12 July
Until no later
Criminal Justice Alliance; Prison

than 11.30 am
Reform Trust; Howard League for

Penal Reform

Tuesday 12 July
Until no later
NAPO; Prison Officers’ Association

than 12 noon

Tuesday 12 July
Until no later
Commissioner for Victims and

than 12.30 pm
Witnesses; Victim Support

Tuesday 12 July
Until no later
Magistrates’ Association

than 1.00 pm

Tuesday 12 July
Until no later
Law Society; Bar Council; Family

than 5.00 pm
Mediation Council; Leigh Day & Co

Solicitors

Tuesday 12 July
Until no later
Director of Public Prosecutions

than 5.20 pm

Tuesday 12 July
Until no later
Legal Services Commission

than 5.40 pm

Thursday 14 July
Until no later
Rights of Women; National

than 9.40 am
Federation of Women’s Institutes

Thursday 14 July
Until no later
G4S; Serco; Sodexo

than 10.25 am

Thursday 14 July
Until no later
Shelter; Citizens Advice Bureau;

than 2.15 pm
Law Centres Federation; Advice

Services Alliance; R3

Thursday 14 July
Until no later
Liberty; Justice; Legal Action Group

than 3.00 pm

Thursday 14 July
Until no later
NSPCC; Local Government

than 3.45 pm
Association; Standing Committee on

Youth Justice; Children’s

Commissioner for England

Thursday 14 July
Until no later
Association of British Insurers;

than 4.30 pm
Association of Personal Injury

Lawyers; Action Against Medical

Accidents

Public Bill Committee: 14 July 2011
24

Legal Aid, Sentencing and Punishment of , continued

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 8, Schedule 1, Clauses 9 to 23, Schedule 2,

Clauses 24 to 30, Schedule 3, Clauses 31 to 36, Schedule 4, Clause 37,

Schedule 5, Clauses 38 to 40, new Clauses and new Schedules relating to

Part 1, Clauses 41 to 52, Schedule 6 and 7, new Clauses and new Schedules

relating to Part 2, Clauses 53 to 57, Schedule 8, Clauses 58 to 72, Schedule 9,

Clause 73, Schedule 10, Clauses 74 to 88, Schedule 11, Clauses 89 to 93,

Schedule 12, Clauses 94 to 101, Schedule 13, Clauses 102 to 106,

Schedule  14, Clauses 107 to 109, Schedule 15, Clauses 110 to 113,

Schedule  16, remaining new Clauses, remaining new Schedules, Clauses 114

to 119, remaining proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 13 October.



© Parliamentary copyright	Revised 14 July 2011