House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 31 October 2011
3766

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(a)
“building” includes any structure or part of a structure (including a
10
temporary or moveable structure), and

(b)
a building is “residential” if it is designed or adapted, before the time of

entry, for use as a place to live.

(4)
For the purposes of this section the fact that a person derives title from a

trespasser, or has the permission of a trespasser, does not prevent the person from
15
being a trespasser.

(5)
A person convicted of an offence under this section is liable on summary

conviction to imprisonment for a term not exceeding 51 weeks or a fine not

exceeding level 5 on the standard scale (or both).

(6)
In relation to an offence committed before the commencement of section 281(5)
20
of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to

be read as a reference to 6 months.

(7)
For the purposes of subsection (1)(a) it is irrelevant whether the person entered

the building as a trespasser before or after the commencement of this section.’.

As Amendments to Secretary Kenneth Clarke’s proposed New Clause (Offence of

squatting in a residential building) (NC26):—

John McDonnell

(a)


Line  7,  at end insert—

‘(2A)
The offence is not committed where the building has been empty for six months

or more and where there are no significant steps being taken to refurbish, let or

sell the building at the time of the trespass.’.

John McDonnell

(b)


Line  7,  at end insert—

‘(2AA)
The offence is not committed in cases where the person—

(a)
has been a resident of a homelessness hostel in the previous year;

(b)
has been a resident of a homelessness nightshelter in the previous year;

(c)
has been a resident of a women’s refuge in the previous year;

(d)
has been found rough sleeping by a local authority or voluntary sector

outreach team or by a statutory agency in the previous year;

(e)
has received mental health treatment in a residential setting in the

previous year; and

(f)
is a care leaver.’.

John McDonnell

(c)


Line  22,  leave out subsection (7) and insert—

‘(7)
For the purposes of subsection (1)(a) no offence is committed if the person

initially entered the building as a trespasser before the commencement of this

section.’.

Consideration of Bill: 31 October 2011
3767

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 1

(OTHER THAN CLAUSES 7 AND 8 AND SCHEDULE 1)

Status of Director and Lord Chancellor

Secretary Kenneth Clarke

NC4

To move the following Clause:—

‘(1)
The Director is to carry out the functions of the office on behalf of the Crown.

(2)
Service as the Director is service in the civil service of the State.

(3)
The Lord Chancellor is to be treated as a corporation sole—

(a)
for all purposes relating to the acquisition, holding, management and

disposal of property and interests in property under this Part, and

(b)
for all other purposes relating to the Lord Chancellor’s functions in

connection with legal aid and other functions under this Part.

(4)
An instrument in connection with the acquisition, holding, management or

disposal by the Lord Chancellor of property or an interest in property under this

Part or for a purpose mentioned in subsection (3)(b) may be executed on the Lord

Chancellor’s behalf by a person authorised by the Lord Chancellor for that

purpose.

(5)
Any such instrument purporting to have been executed by the Lord Chancellor or

on the Lord Chancellor’s behalf is to be received in evidence and, unless the

contrary is proved, to be treated as having been so executed.’.

Northern Ireland: information about financial resources

Secretary Kenneth Clarke

NC9

To move the following Clause:—

‘Schedule [Northern Ireland: information about financial resources] (Northern

Ireland: information about financial resources) has effect.’.

Extension of scope of legal aid in complex cases

Yvonne Fovargue

NC17

To move the following Clause:—

‘(1)
Civil legal services other than services described in Part 1 of Schedule 1 are to be

available to an individual under this Part if subsection (2) is satisfied.

(2)
This subsection is satisfied where the Director—

(a)
has made a complex case determination in relation to the individual and

the services, and

Consideration of Bill: 31 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
has determined that the individual qualifies for the services in accordance

with this Part,


(and has not withdrawn either determination).

(3)
For the purposes of subsection (2), a complex case determination is a

determination—

(a)
that the individual has complex, interconnected needs in relation to

which the individual requires comprehensive civil legal services, and

(b)
not all of those civil legal services would otherwise be available to the

individual because they do not all fall within the scope of Schedule 1.’.

Secretary Kenneth Clarke

NS3

To move the following Schedule:—

‘Northern Ireland: information about financial resources

Obtaining information

1    (1)
The relevant authority may make an information request to—

(a)
the Secretary of State,

(b)
a relevant Northern Ireland Department, or

(c)
the Commissioners for Her Majesty’s Revenue and Customs (“the

Commissioners”).

      (2)
An information request may be made under this paragraph only for the

purposes of facilitating a determination about an individual’s financial

resources for the purposes of —

(a)
the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

(S.I. 1981/228 (N.I. 8)), or

(b)
the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435)

(N.I. 10)).

      (3)
An information request made to the Secretary of State or a relevant Northern

Ireland Department under this paragraph may request the disclosure of some

or all of the following information—

(a)
a relevant individual’s full name and any previous names;

(b)
a relevant individual’s address and any previous addresses;

(c)
a relevant individual’s date of birth;

(d)
a relevant individual’s national insurance number;

(e)
a relevant individual’s benefit status at a time specified in the request;

(f)
information of a prescribed description.

      (4)
An information request made to the Commissioners under this paragraph may

request the disclosure of some or all of the following information—

(a)
whether or not a relevant individual is employed or was employed at

a time specified in the request;

(b)
the name and address of the employer;

(c)
whether or not a relevant individual is carrying on a business, trade or

profession or was doing so at a time specified in the request;

(d)
the name under which it is or was carried on;

(e)
the address of any premises used for the purposes of carrying it on;

Consideration of Bill: 31 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(f)
a relevant individual’s national insurance number;

(g)
a relevant individual’s benefit status at a time specified in the request;

(h)
information of a prescribed description.

      (5)
The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h)

includes, in particular, information relating to—

(a)
prescribed income of a relevant individual for a prescribed period, and

(b)
prescribed capital of a relevant individual.

      (6)
Information may not be prescribed under sub-paragraph (4)(h) without the

Commissioners’ consent.

      (7)
The Secretary of State, the relevant Northern Ireland Departments and the

Commissioners may disclose to the relevant authority information specified in

an information request made under this paragraph.

      (8)
In this paragraph—

“benefit status”, in relation to an individual, means whether or not the

individual is in receipt of a prescribed benefit or benefits and, if so—

(a)
which benefit or benefits the individual is receiving,

(b)
whether the individual is entitled to the benefit or benefits alone

or jointly,

(c)
in prescribed cases, the amount the individual is receiving by

way of the benefit (or each of the benefits) (“the benefit

amount”), and

(d)
in prescribed cases, where the benefit consists of a number of

elements, what those elements are and the amount included in

respect of each element in calculating the benefit amount;

“financial resources”, in relation to an individual, includes an individual’s

means, disposable income and disposable capital;

“the relevant authority” means—

(a)
a prescribed person, or

(b)
in relation to circumstances for which no person is prescribed,

the chief executive of the Northern Ireland Legal Services

Commission;

“a relevant individual”, in relation to an information request under this

paragraph for the purposes of a determination about an individual’s

financial resources, means—

(a)
that individual, and

(b)
any other individual whose financial resources are or may be

relevant for the purposes of the determination;

“relevant Northern Ireland Department” means the Department for Social

Development in Northern Ireland or the Department of Finance and

Personnel in Northern Ireland.

Restrictions on disclosing information

2    (1)
A person to whom information is disclosed under paragraph 1 of this Schedule

or this sub-paragraph may disclose the information to any person to whom its

disclosure is necessary or expedient in connection with facilitating a

determination described in paragraph 1(2).

      (2)
A person to whom such information is disclosed must not—

(a)
disclose the information other than in accordance with sub-paragraph

(1), or

(b)
use the information other than for the purpose of facilitating a

determination described in paragraph 1(2).

Consideration of Bill: 31 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (3)
Sub-paragraph (2) does not prevent—

(a)
the disclosure of information in accordance with an enactment or an

order of a court,

(b)
the disclosure of information for the purposes of the investigation or

prosecution of an offence (or suspected offence) under the law of

England and Wales or Northern Ireland or any other jurisdiction,

except as otherwise prescribed,

(c)
the disclosure of information for the purposes of instituting, or

otherwise for the purposes of, proceedings before a court, or

(d)
the disclosure of information which has previously been lawfully

disclosed to the public.

      (4)
A person who discloses or uses information in contravention of this paragraph

is guilty of an offence and liable—

(a)
on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine (or both);

(b)
on summary conviction—

(i)
in England and Wales, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory

maximum (or both), and

(ii)
in Northern Ireland, to imprisonment for a term not exceeding

6 months or a fine not exceeding the statutory maximum (or

both).

      (5)
It is a defence for a person charged with an offence under this paragraph to

prove that the person reasonably believed that the disclosure or use was lawful.

      (6)
In this paragraph “enactment” includes—

(a)
an enactment contained subordinate legislation (within the meaning of

the Interpretation Act 1978), and

(b)
an enactment contained in, or in an instrument made under, an Act or

Measure of the National Assembly for Wales or Northern Ireland

legislation.

      (7)
In relation to an offence under this paragraph committed before the

commencement of section 154(1) of the Criminal Justice Act 2003, the

reference in sub-paragraph (4)(b)(i) to 12 months has effect as if it were a

reference to 6 months.

Power to make consequential and supplementary provision etc

3    (1)
The Department of Justice in Northern Ireland may by regulations make

consequential, supplementary, incidental or transitional provision in relation to

this Schedule extending to Northern Ireland.

      (2)
The regulations may, in particular—

(a)
amend, repeal, revoke or otherwise modify Northern Ireland

legislation passed before this Schedule comes into force or an

instrument made under such legislation, and

(b)
include transitory or saving provision.

Regulations

4    (1)
In this Schedule “prescribed” means prescribed by regulations made by the

Department of Justice in Northern Ireland.

      (2)
The powers under this Schedule to make regulations are exercisable by

statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order

1979 (S.I. 1979/1573 (N.I. 12)).

Consideration of Bill: 31 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (3)
Regulations under this Schedule are subject to negative resolution within the

meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954,

subject to sub-paragraph (4).

      (4)
The following regulations may not be made unless a draft of the regulations

has been laid before, and approved by a resolution of, the Northern Ireland

Assembly—

(a)
the first regulations under paragraph 1, and

(b)
regulations under paragraph 3 that amend or repeal Northern Ireland

legislation (whether alone or with other provision).

      (5)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the

purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in

relation to the laying of a statutory document under an enactment (as defined

in that Act).

      (6)
Subsections (1) to (3) of section 38 apply in relation to regulations made under

paragraph 1 or 2 of this Schedule as they apply in relation to regulations made

by the Lord Chancellor under this Part.’.

Mr Andy Slaughter

126

Page  2,  line  12  [Clause  1],  at end add—

‘(6)
The Lord Chancellor must ensure that the proposed telephone gateway shall first

be piloted prior to any permanent implementation of such a scheme.’.

Mr Andy Slaughter

123

Page  3,  line  25  [Clause  4],  leave out subsection (4) and insert—

‘(4A)
The Director must, except to the extent that section (4B) applies, act under the

direction of the Lord Chancellor.

(4B)
The Director must act independently when performing any functions or duties

under this Part.’.

Mr Andy Slaughter

127

Page  6,  line  20  [Clause  9],  at end add—

‘(c)
that the individual is aged 18 years or under.’.

Consideration of Bill: 31 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Elfyn Llwyd

103

Page  7,  line  35  [Clause  10],  at end insert—

‘(7)
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—

(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 Andy Slaughter

Tom Brake

Dr Julian Huppert

116

Page  8,  line  29,  leave out Clause 12.

Mr Elfyn Llwyd

104

Page  8,  line  31  [Clause  12],  leave out from ‘station’ to end of line 20 on page 9.

Mr Elfyn Llwyd

89

Page  8,  line  32  [Clause  12],  leave out from ‘premises’ to end of line 36.

Mr Elfyn Llwyd

125

Page  8,  line  35  [Clause  12],  leave out subsections (2) to (7).

Mr Elfyn Llwyd

105

Page  9,  line  18  [Clause  12],  leave out subsection (7).

Mr Elfyn Llwyd

90

Page  9,  line  27  [Clause  12],  leave out subsection (9) and insert—

‘(9)
Sections 20 and 26(2) do not apply in relation to this section’.



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