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1197

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 17 April 2012

 

Proceedings

 

on Consideration of Lords Amendments

 

Legal Aid, Sentencing and Punishment of Offenders Bill


 

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


 

Lords Amendment No. 1

 

Secretary Kenneth Clarke                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 3

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 4

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.


 
 

Proceedings on Consideration of Lords Amendments: 17 April 2012 

1198

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Agreed to  (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.’.

 

Agreed to  (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                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 


 


 

Lords Amendment No. 2

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 192

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.


 
 

Proceedings on Consideration of Lords Amendments: 17 April 2012 

1199

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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:—

 

Agreed to  (a)

 

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

 

Agreed to  (b)

 

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

 

Agreed to  (c)

 

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

 


 

Lords Amendment No. 194

 

Secretary Kenneth Clarke                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 196

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 168

 

Secretary Kenneth Clarke                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 169

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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


 
 

Proceedings on Consideration of Lords Amendments: 17 April 2012 

1200

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 240

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

240:—

 

Agreed to  (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:


 
 

Proceedings on Consideration of Lords Amendments: 17 April 2012 

1201

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

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

 

Not called  (i)

 

Parliamentary Star    

Line  22,  at end insert—

 

‘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

 

Agreed to  (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                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.

 



 
 

Proceedings on Consideration of Lords Amendments: 17 April 2012 

1202

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Lords Amendment No. 171

 

Secretary Kenneth Clarke                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 172

 

Secretary Kenneth Clarke                                                                                  

Agreed to

 

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

 

Lords Amendment accordingly disagreed to.

 

Lords Amendment 189 to 191, 193, as amended, 217, 218, 219, as amended, 220, as

 

amended, 243, 177 to 181 and 206 to 216 agreed to.

 


 


 

Lords Amendment No. 31

 

Secretary Kenneth Clarke                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 


 

Lords Amendment No. 32

 

Secretary Kenneth Clarke                                                                                  

Agreed to on division

 

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

 

Lords Amendment accordingly disagreed to.

 



 
 

Proceedings on Consideration of Lords Amendments: 17 April 2012 

1203

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Lords Amendment No. 157

 

As an Amendment to the Lords Amendment:—

 

Sadiq Khan

 

Mr Andy Slaughter

 

Mrs Jenny Chapman

 

Not called  (a)

 

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

 

Lords Amendments 6 to 23, 25 to 30, 33 to 167, 173 to 176, 182 to 188, 195, 197 to

 

205, 221 to 239, 241, 242 and 244 to 326 agreed to.

 

 


 
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