Session 2010 - 12
Internet Publications
Other Bills before Parliament


 
 

4195

 

House of Commons

 
 

Tuesday 17 April 2012

 

Consideration of Lords Amendments

 

New Amendments handed in are marked thus Parliamentary Star

 

Legal Aid, Sentencing and Punishment of Offenders Bill


 

On Consideration of Lords Amendments to the Legal Aid, Sentencing and Punishment of Offenders

 

Bill

 


 

Note

 

The Amendments have been arranged in accordance with the Legal Aid,

 

Sentencing and Punishment of Offenders Bill (Programme) (No. 3) to be proposed

 

by Secretary Kenneth Clarke.

 


 

Lords Amendment No. 1

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 3

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 



 
 

Consideration of Lords Amendments: 17 April 2012          

4196

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Lords Amendment No. 4

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Kenneth Clarke

 

To move the following Amendments to the Bill in lieu of Lords Amendments Nos. 3 and 4:—

 

(a)

 

Page  3,  line  22,  leave out subsection (4) and insert—

 

‘( )    

But the Lord Chancellor—

 

(a)    

must not give a direction or guidance about the carrying out of those

 

functions in relation to an individual case, and

 

(b)    

must ensure that the Director acts independently of the Lord Chancellor

 

when applying a direction or guidance under subsection (3) in relation to

 

an individual case.’.

 

(b)

 

Page  3,  line  24,  leave out ‘about the carrying out of those functions’ and insert ‘under

 

this section’.

 


 

Lords Amendment No. 24

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 


 

Lords Amendment No. 2

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 192

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.


 
 

Consideration of Lords Amendments: 17 April 2012          

4197

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Secretary Kenneth Clarke

 

To move amendment (a) to Lords Amendment No. 193, amendment (b) to Lords Amendment

 

No. 219 and amendment (c) to Lords Amendment No. 220 in lieu of Lords Amendment No. 192:—

 

(a)

 

Line  2,  after ‘means’, insert ‘any incident of’.

 

(b)

 

Line  2,  after ‘means’, insert ‘any incident of’.

 

(c)

 

Line  25,  after ‘means’, insert ‘any incident of’.

 


 

Lords Amendment No. 194

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 196

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 168

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 169

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 



 
 

Consideration of Lords Amendments: 17 April 2012          

4198

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Lords Amendment No. 240

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Kenneth Clarke

 

To move the following Amendments to the Bill in lieu of Lords Amendments Nos. 169 and

 

240:—

 

(a)

 

Page  119,  line  2,  at end insert—

 

‘Appeals relating to welfare benefits

 

6A  (1)  

Civil legal services provided in relation to an appeal on a point of law to the

 

Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit,

 

allowance, payment, credit or pension under—

5

(a)    

a social security enactment,

 

(b)    

the Vaccine Damage Payments Act 1979, or

 

(c)    

Part 4 of the Child Maintenance and Other Payments Act 2008.

 

            

Exclusions

 

      (2)  

Sub-paragraph (1) is subject to—

10

(a)    

the exclusions in Part 2 of this Schedule, with the exception of

 

paragraphs 1 and 15 of that Part, and

 

(b)    

the exclusion in Part 3 of this Schedule.

 

            

Definitions

 

      (3)  

In this paragraph “social security enactment” means—

15

(a)    

the Social Security Contributions and Benefits Act 1992,

 

(b)    

the Jobseekers Act 1995,

 

(c)    

the State Pension Credit Act 2002,

 

(d)    

the Tax Credits Act 2002,

 

(e)    

the Welfare Reform Act 2007,

20

(f)    

the Welfare Reform Act 2012, or

 

(g)    

any other enactment relating to social security.’.

 

As an Amendment to Secretary Kenneth Clarke’s proposed Amendment (a) in lieu of Lords

 

Amendments Nos 169 and 240:

 

Tom Brake

 

Stephen Lloyd

 

Mr David Ward

 

Mike Crockart

 

Ian Swales

 

Andrew George

 

Tim Farron

 

Mrs Jenny Chapman

 

Sadiq Khan

 

Mr Andy Slaughter

 

Robert Flello

 

(i)

 

Parliamentary Star    

Line  22,  at end insert—


 
 

Consideration of Lords Amendments: 17 April 2012          

4199

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

‘Appeals and reviews relating to welfare benefits

 

Civil legal services provided in relation to any review or appeal concerning a benefit,

 

allowance, payment, credit or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992,

 

(b)    

the Jobseekers Act 1995,

 

(c)    

the State Pension Credit Act 2002,

 

(d)    

the Tax Credits Act 2002,

 

(e)    

the Welfare Reform Act 2007,

 

(f)    

the Welfare Reform Act 2011, or

 

(g)    

any other enactment relating to social security.’.

 


 

 

Secretary Kenneth Clarke

 

(b)

 

Page  137,  line  30,  at end insert—

 

‘(a)    

a social security enactment,

 

(b)    

the Vaccine Damage Payments Act 1979, or

 

(c)    

Part 4 of the Child Maintenance and Other Payments Act 2008.

 

      (2)  

In this paragraph “social security enactment” means—’.

 


 

Lords Amendment No. 170

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 171

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 



 
 

Consideration of Lords Amendments: 17 April 2012          

4200

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Lords Amendment No. 172

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 


 

Lords Amendment No. 31

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 32

 

Secretary Kenneth Clarke

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 157

 

As an Amendment to the Lords Amendment:—

 

Sadiq Khan

 

Mr Andy Slaughter

 

Mrs Jenny Chapman

 

(a)

 

Leave out lines 26 to 28 (Inserted section 3A(6)(a)).

 

 

 

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.


 
 

Consideration of Lords Amendments: 17 April 2012          

4201

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

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.

 

 

legal aid, sentencing and punishment of offenders Bill

 

(Programme) (No. 3)

 

Secretary Kenneth Clarke

 

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

 

of Offenders Bill for the purpose of supplementing the Orders of 29 June 2011 (Legal Aid,

 

Sentencing and Punishment of Offenders Bill (Programme)) and 31 October 2011 (Legal

 

Aid, Sentencing and Punishment of Offenders Bill (Programme) (No. 2))—

 

Consideration of Lords Amendments

 

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

 

previously concluded) be brought to a conclusion at 10.00 pm at this day’s

 

sitting.

 

2.    

The proceedings shall be taken in the order shown in the first column of the

 

following Table.

 

3.    

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

 

conclusion at the times specified in the second column of the Table.

 

 

        TABLE

 

Lords Amendments

Time for conclusion of

 
  

proceedings

 
 

Nos. 1, 3 to 5 and 24

5.30 pm

 
 

Nos. 2, 189 to 194, 196, 217 to 220,

8.15 pm

 
 

243, 168, 169, 240, 170 to 172, 177 to

  
 

181 and 206 to 216

  
 

Nos. 31 and 32, 6 to 23, 25 to 30, 33 to

10.00 pm

 
 

167, 173 to 176, 182 to 188, 195, 197

  
 

to 205, 221 to 239, 241, 242 and 244 to

  
 

326

  

 
contents continue
 

© Parliamentary copyright
Revised 17 April 2012