Legal Aid, Sentencing and Punishment of Offenders Bill

FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 30th November 2011, as follows—

Schedule 1
Clauses 9 to 23
Schedule 2
Clauses 24 to 30
Schedule 3
Clauses 31 to 37
Schedule 4
Clause 38
Schedule 5
Clause 39
Schedule 6
Clauses 40 to 59
Schedules 7 and 8
Clauses 60 to 64
Schedule 9
Clauses 65 to 82
Schedule 10
Clause 83
Schedule 11
Clauses 84 to 98
Schedule 12
Clauses 99 to 102
Schedule 13
Clause 103
Schedule 14
Clauses 104 to 111
Schedule 15
Clauses 112 to 114
Schedules 16 and 17
Clause 115
Schedule 18
Clause 116
Schedule 19
Clauses 117 to 121
Schedule 20
Clauses 122 to 124
Schedule 21
Clauses 125 to 128
Schedule 22
Clause 129
Schedule 23
Clauses 130 to 137

[Amendments marked * are new or have been altered]

Schedule 1

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD CLEMENT-JONES

BARONESS DOOCEY

36

Page 116, line 4, at end insert “and under section 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties)”

BARONESS EATON

LORD NEWTON OF BRAINTREE

LORD TEBBIT

LORD CRISP

36A

Page 117, line 7, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to clinical negligence proceedings where the clinical negligence took place at a time when the individual was a child.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“child” means a person under the age of 18.”

LORD BEECHAM

BARONESS GREY-THOMPSON

BARONESS FINLAY OF LLANDAFF

THE LORD BISHOP OF OXFORD

36B

Page 117, line 7, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to clinical negligence proceedings.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence.”

37

[Withdrawn]

38

[Withdrawn]

BARONESS BUTLER-SLOSS

LORD ELYSTAN-MORGAN

39

Page 119, line 13, after “from” insert “or within”

40

Page 119, line 16, after “from” insert “or within”

41

Page 119, line 22, at end insert—

“( ) Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the removal of a child from that child’s usual place of residence, or to obtain the return of a child who has been so removed—

(a) a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b) an order under section 33 of the Family Law Act 1986 for disclosure of the child’s whereabouts;

(c) an order under section 34 of that Act for the recovery of the child;

(d) a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.”

42

Page 120, line 11, at end insert—

“( ) Civil legal services provided to an adult (“B”) in relation to a court hearing in a matter arising out of a family relationship between B and another individual (“A”) where B has abused A or there is the risk of such abuse and where the court certifies that due to the probability of cross-examination of A there is a need for both parties to be represented at that hearing.”

LORD THOMAS OF GRESFORD

LORD MACDONALD OF RIVER GLAVEN

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

43

Page 120, line 40, at end insert—

“( ) For the purposes of this paragraph, abuse will be presumed until the contrary is proved, where—

(a) there are ongoing domestic violence or forced marriage proceedings brought by the applicant for legal aid where the applicant has previously received legal aid or is funding proceedings privately or is acting as a litigant in person;

(b) an order has been made in domestic violence or forced marriage proceedings brought by the applicant for legal aid, arising from the same family relationship;

(c) there has been a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim, but the victim has not already been granted legal aid;

(d) a non-molestation order, occupation order, forced marriage protection order or other protective order or injunction is in place against the applicant’s ex-partner (or in the case of forced marriage, against any other person);

(e) undertakings have been given to a court in lieu of the orders referred to in paragraph (b) or (d) above;

(f) the applicant’s partner has been convicted of a criminal offence concerning violence or abuse towards his or her family (unless the conviction is spent);

(g) there are ongoing criminal proceedings for a domestic violence offence by the other party towards the applicant for funding;

(h) the applicant has been referred to a Multi-Agency Risk Assessment Conference (as a high risk victim of domestic violence) and a plan has been put in place to protect them from violence by the other party; or

(i) injury to the applicant caused by domestic violence is certified by the written medical opinions of—

(i) the general medical practitioner of the applicant for legal aid; and

(ii) one other medically qualified practitioner.”

44

Page 120, leave out lines 42 to 45 and insert—

““abuse” means any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults, aged 18 or over, who are or have been intimate partners or family members, regardless of gender and sexuality;”

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

THE LORD BISHOP OF LEICESTER

LORD BLAIR OF BOUGHTON

45

Page 120, leave out lines 42 to 45 and insert—

““abuse” means any incident or repeated incidents of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional, and including acts of neglect, maltreatment, exploitation or acts of omission) between adults who are or have been intimate partners or family members, regardless of gender or sexuality;”

46

Page 121, line 31, at end insert—

“For the purposes of this paragraph, evidence that abuse has occurred may consist of one or more of the following (without limitation)—

(a) a relevant court conviction or police caution;

(b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, forced marriage protection order or other protective injunction;

(c) evidence of a relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic violence;

(d) evidence that a victim has been referred to a multi-agency risk assessment conference, as a high risk victim of domestic violence, and a plan has been put in place to protect that victim from violence by the other party;

(e) a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim;

(f) a medical report from a doctor at a UK hospital confirming that the applicant has injuries or a condition consistent with being a victim of domestic violence;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she has examined the applicant and is satisfied that the applicant had injuries or a condition consistent with those of a victim of domestic violence;

(h) an undertaking given to a court by the alleged perpetrator of the abuse that he or she will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in providing services to the applicant in respect of allegations of domestic violence;

(j) a letter of support or a report from a domestic violence support organisation; or

(k) other well-founded documentary evidence of abuse, such as from a counsellor, midwife, school or witness.”

BARONESS BUTLER-SLOSS

47

Page 121, line 47, at end insert—

“( ) Civil legal services provided to an individual who has, or it is alleged will, put the child at risk of abuse in relation to a court hearing in a matter in relation to the orders and procedures set out in sub-paragraph (1), and where the court certifies that due to the probability of cross-examination there is a need for them to be represented in that hearing.”

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

THE LORD BISHOP OF LEICESTER

LORD BLAIR OF BOUGHTON

48

Page 122, line 10, at end insert—

“For the avoidance of doubt, no time limit shall operate in relation to any evidence supporting an application for civil legal services under paragraph 11.”

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD SHIPLEY

BARONESS DOOCEY

49

Page 122, line 12, after “mediation” insert “and collaborative law”

50

Page 122, line 13, after “mediation” insert “and collaborative law”

BARONESS BUTLER-SLOSS

LORD ELYSTAN-MORGAN

51

Page 123, line 3, at end insert—

“Exceptional family proceedings

(1) Civil legal services provided in relation to a family dispute where the LSC competent assessor for mediation certifies that—

(a) there is a point of law, or an issue of unusual complexity that requires adjudication and the particular case is unsuitable for mediation;

(b) one or both individuals has serious physical or mental health issues and the particular case is unsuitable for mediation;

(c) there are serious allegations of domestic violence which are not capable of being resolved and the particular case is unsuitable for mediation;

(d) there are serious allegations of physical, sexual or other abuse in relation to the child who is or would be the subject of the order and the particular case is unsuitable for mediation;

(e) both individuals participated in mediation in good faith but the mediation failed and the matter will not be resolved without adjudication; or

(f) there are other exceptional circumstances and the case is unsuitable for mediation.

(2) Civil legal services provided to an adult (“A”) in connection with a private children dispute between A and another individual (“B”), where the LSC competent mediator certifies that where the child who is or would be the subject of the order has no contact with A, A attended the mediation but B did not do so, the mediation failed and the matter will not be resolved without civil legal services.”

52

Page 123, line 12, at end insert—

“( ) Civil legal services provided to an adult party in relation to family proceedings in the unusual circumstances where the child is a party to such proceedings and the court certifies that there is a probability that the child will have to give oral evidence.”

LORD THOMAS OF GRESFORD

BARONESS DOOCEY

LORD PHILLIPS OF SUDBURY

LORD CLEMENT-JONES

53

Page 125, line 31, at end insert—

“Best interests of patients

16A Civil legal services provided in relation to any question whether particular medical treatment is in the best interests of a person who is incapable of giving or withholding consent to such treatment.

Exclusions

16B Paragraph 16A is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

16C For the purposes of this paragraph “medical treatment” has the same meaning as in the Mental Health Act 1983.”

LORD THOMAS OF GRESFORD

LORD DHOLAKIA

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

54

Page 125, line 38, leave out “paragraph 15” and insert “paragraphs 1 to 5, 8 and 15”

55

Page 126, line 3, leave out sub-paragraphs (5) to (7)

56

Page 126, line 15, leave out paragraph (a)

57

Page 126, line 17, leave out paragraph (b)

58

Page 126, line 21, leave out paragraph (a) and insert—

“(a) judicial review in connection with a matter within paragraph 26(1) of this Part;”

59

Page 126, line 27, at end insert—

“(8) Sub-paragraph (5) does not exclude services provided to an individual if—

(a) the individual did not receive services in connection with the previous judicial review or appeal to which that sub-paragraph refers; or

(b) the previous judicial review or appeal to which that sub-paragraph refers was resolved by any of the following—

(i) a grant of judicial review;

(ii) a decision to allow the appeal;

(iii) a refusal of leave, or refusal of permission, to the Secretary of State to appeal;

(iv) a decision to dismiss an appeal by the Secretary of State;

(v) an order of a court or tribunal consequent upon the withdrawal by the Secretary of State of his decision against which the application for judicial review or the appeal was brought.

(9) Sub-paragraph (6) does not exclude services provided to an individual if—

(a) the individual did not receive services in connection with the matters described in sub-paragraph (6)(a) or (c);

(b) the appeal to which sub-paragraph (6)(c) refers was allowed; or

(c) the appeal to which sub-paragraph (6)(c) refers was withdrawn as a consequence of the withdrawal of the decision to remove the individual from the United Kingdom.”

LORD RAMSBOTHAM

BARONESS LISTER OF BURTERSETT

BARONESS HOWE OF IDLICOTE

60

Page 127, line 33, after “deliberate” insert “, unlawful”

61

Page 127, line 39, at end insert—

““harm” includes loss of liberty;”

LORD BERKELEY

61ZA

Page 127, line 41, at end insert “with the additional inclusion of the Crown Estate and Duchy of Cornwall”

BARONESS BUTLER-SLOSS

LORD ELYSTAN-MORGAN

61A

Page 128, line 20, at end insert—

“Victims of trafficking of human beings

Civil legal services provided to a victim of trafficking in human beings (“V”) in relation to—

(a) rights to enter or remain in the UK;

(b) an employment claim relating to the experience of trafficking;

(c) a claim for damages relating to the experience of trafficking; or

(d) compensation relating to the experience of being trafficked under the criminal injuries compensation scheme.”

BARONESS GOULD OF POTTERNEWTON

62

Page 129, line 14, leave out “indefinite”

63

Page 129, line 15, after “Kingdom” insert “, or a claim by the individual to a right to reside in the United Kingdom,”

64

Page 129, line 17, after “individual” insert “, or had a right to reside in the United Kingdom as a partner of another individual,”

65

Page 129, line 17, leave out “present and settled in the United Kingdom”

66

Page 130, leave out lines 1 to 3

67

Page 130, leave out lines 4 and 5

LORD THOMAS OF GRESFORD

LORD AVEBURY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

68

Page 130, line 8, after “Kingdom” insert “to a person who is liable to detention under immigration laws, or”

LORD THOMAS OF GRESFORD

LORD DHOLAKIA

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

69

Page 130, line 12, at end insert—

“(1A) Civil legal services provided to an individual for a matter arising out of any rule laid down under section 1(4) of the Immigration Act 1971 making provision for family members to enter or remain in the United Kingdom as the family member of a refugee or beneficiary of humanitarian protection.”

BARONESS GOULD OF POTTERNEWTON

LORD JUDD

69A

Page 130, line 12, at end insert—

“( ) Civil legal services provided to a specified person in relation to rights to enter, and to remain in, the United Kingdom.”

LORD RAMSBOTHAM

THE LORD BISHOP OF GLOUCESTER

LORD JUDD

69B

Page 130, line 12, at end insert—

“( ) Civil legal services provided in relation to rights to enter and to remain in the United Kingdom to a specified person.”

LORD THOMAS OF GRESFORD

LORD AVEBURY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

70

Page 130, line 39, at end insert—

““immigration laws” has the same meaning as given in section 33(1) of the Immigration Act 1971.”

BARONESS GOULD OF POTTERNEWTON

LORD JUDD

70A

Page 130, line 39, at end insert—

““specified person” means a person—

(a) under the age of 18;

(b) who claims an entitlement to enter or remain arising from having been subjected to gender-based violence (including domestic violence and trafficking);

(c) whose ability to represent himself or herself is significantly impaired through physical or mental disability or illness, through old age or otherwise; or

(d) any other cases of person as may be specified by the Secretary of State in regulations.”

LORD RAMSBOTHAM

THE LORD BISHOP OF GLOUCESTER

LORD JUDD

BARONESS HOWE OF IDLICOTE

70B

Page 130, line 39, at end insert—

““specified person” means a person—

(a) under the age of 18; or

(b) such other class of person as may be specified by the Secretary of State in regulations.”

LORD THOMAS OF GRESFORD

LORD DHOLAKIA

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

71

Page 131, line 3, at end insert—

“Immigration: family reunion cases, trafficking victims and onward appeals

27A (1) Civil legal services provided to an individual in relation to any rule having effect under section 3(2) of the Immigration Act 1971 making provision about a person’s entering or remaining in the United Kingdom as a member of the family of a person who is entitled to enter or remain in the United Kingdom—

(a) (in a case where the services in question do not fall within paragraph 26) under the Qualification Directive, the Refugee Convention or the Temporary Protection Directive, or

(b) as a beneficiary of humanitarian protection.

(2) Civil legal services provided in relation to any question as to whether a person who is, or claims to be, a victim of human trafficking is to be permitted to enter or remain in the United Kingdom.

(3) Civil legal services in relation to an appeal to the Upper Tribunal, the Court of Appeal or the Supreme Court insofar as the appeal relates to an issue under any enactment about immigration.

Exclusions

27B Sub-paragraphs (1) and (2) of paragraph 27A are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

27C In this paragraph and paragraphs 27A and 27B, the Qualification Directive, the Refugee Convention and the Temporary Protection Directive have the same meanings as in paragraph 26.”

LORD BACH

LORD BEECHAM

72

Page 131, line 7, at end insert—

“( ) situations where a person’s financial difficulties could lead to loss of home.”

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

72A

Page 131, line 7, at end insert—

“( ) a demolition order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988.”

72B

Page 131, line 7, at end insert—

“(1A) Services provided to an individual under sub-paragraph (1) shall include services in relation to the entitlement of the individual to welfare benefits relating to housing costs.”

72C

Page 131, line 16, after “(1)” insert “, (1A)”

72D

Page 131, line 17, leave out “paragraph 14” and insert “paragraphs 1 to 6, 8, 12, 14 and 15”

LORD AVEBURY

BARONESS WHITAKER

73

Page 131, line 44, leave out “subject to sub-paragraph (10)”

74

Page 132, line 1, leave out sub-paragraph (10)

LORD MCNALLY

74A

Page 132, line 2, leave out “there are no grounds on which it can be argued”

74B

Page 132, line 4, at beginning insert “there are no grounds on which it can be argued”

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

74C

Page 132, line 5, leave out “and” and insert “or”

LORD MCNALLY

74D

Page 132, line 6, at beginning insert “there are no grounds on which it can be argued”

LORD AVEBURY

BARONESS WHITAKER

75

Page 132, line 8, leave out “and (10)”

76

Page 132, line 10, leave out sub-paragraphs (12) and (13)

77

Page 132, line 31, at end insert—

“Mobile homes

Civil legal services provided in relation to advice under the Legal Help Scheme for matters arising under the Mobile Homes Act 1983.”

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

77A

Page 132, leave out line 32 and insert—

“Risk or damage to health or safety in rented home”

77B

Page 132, line 34, leave out “serious”

77C

Page 132, line 34, after “safety” insert “or damage to the person or property”

77D

Page 132, line 35, leave out “family” and insert “household”

77E

Page 132, line 36, after “risk” insert “or damage”

77F

Page 132, line 39, at end insert—

“(1A) Where such arrangements as are specified in sub-paragraph (1)(c) are made or purport to be made, services shall not be withdrawn on the account only of such arrangements where the individual continues to qualify for services in accordance with sections 10 and 20 of this Act and regulations made thereunder.

(1B) For the avoidance of doubt, where services are or have been provided with a view to securing such arrangements, services may continue to be provided in connection with a claim for damages in respect of the same deficiency or deficiencies.”

77G

Page 132, line 43, leave out “6 and 8” and insert “1, 2, 6, 8 and 12”

77H

Page 133, line 1, leave out sub-paragraph (3)

LORD MCNALLY

77J

Page 133, line 21, after “other” insert “vehicle or”

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

77K

Page 133, line 23, at end insert—

““member of the individual’s household” means any person who occupies as his or her home the premises which also constitute the individual’s home.”

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

BARONESS HAMWEE

78

Page 133, line 23, at end insert—

“Immigration appeals

Civil legal services and advocacy in appeals from the Immigration and Asylum Chamber of the First-tier Tribunal to the Upper Tribunal, the Court of Appeal and the Supreme Court.”

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

78A

Page 133, line 43, at end insert—

“(c) a claim for damages in respect of the harassment by any person of a residential occupier.”

78B

Page 133, line 46, at end insert—

“(3) For the purposes of sub-paragraph (1)(c)—

(a) “residential occupier” has the same meaning as in section 1(1) of the Protection from Eviction Act 1977; and

(b) a person (“A”) shall be taken to have harassed a residential occupier (“B”) where A—

(i) does an act or acts likely to interfere with the peace or comfort of B or members of his household, or encourages or incites another person to do so; or

(ii) persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, or encourages or incites another person to do so.”

LORD MCNALLY

78C

Page 134, line 28, after “2003” insert “(“the 2003 Act”)”

78D

Page 134, line 31, after “1978” insert “(“the 1978 Act”)”

78E

Page 134, line 31, at end insert—

“(4) The references in sub-paragraph (1) to a sexual offence include—

(a) incitement to commit a sexual offence,

(b) an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a sexual offence is the offence which the person intended or believed would be committed,

(c) conspiracy to commit a sexual offence, and

(d) an attempt to commit a sexual offence.

(5) In this paragraph references to a sexual offence include conduct which would be an offence under a provision of the 2003 Act or section 1 of the 1978 Act but for the fact that it took place before that provision or section came into force.

(6) Conduct falls within the definition of a sexual offence for the purposes of this paragraph whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.”

LORD AVEBURY

BARONESS WHITAKER

LORD JUDD

79

Page 136, line 6, at end insert—

“County Court and High Court planning cases

Civil legal services provided in relation to planning injunction actions brought under section 187B of the Town and Country Planning Act and statutory challenges and appeals brought under sections 288 and 289 of the Town and Country Planning Act 1990 respectively where the result of the case may lead to loss of home for the Gypsy or Traveller concerned.”

LORD MCNALLY

79A

Page 136, line 9, at end insert “or a previous discrimination enactment”

LORD RAMSBOTHAM

THE LORD BISHOP OF GLOUCESTER

79B

Page 136, line 14, at end insert—

“Children

38A (1) Civil legal services provided to a child.

(2) In this paragraph “child” means a person under the age of 18.

(3) Sub-paragraph (1) is not subject to the exclusions in Parts 2 and 3 of this Schedule, with the exception of paragraphs 9 to 11, and 13 and 14 of Part 2.

(4) Sub-paragraph (1) does not permit services to be provided in relation to sections 12, 14 or 15.”

LORD MCNALLY

79C

Page 136, line 14, at end insert—

“Definitions

( ) In this paragraph “previous discrimination enactment” means—

(a) the Equal Pay Act 1970;

(b) the Sex Discrimination Act 1975;

(c) the Race Relations Act 1976;

(d) the Disability Discrimination Act 1995;

(e) the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660);

(f) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(g) the Equality Act 2006;

(h) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(i) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

( ) The reference in sub-paragraph (1) to contravention of the Equality Act 2010 or a previous discrimination enactment includes—

(a) breach of a term modified by, or included by virtue of, a provision that is an equality clause or equality rule for the purposes of the Equal Pay Act 1970 or the Equality Act 2010, and

(b) breach of a provision that is a non-discrimination rule for the purposes of the Equality Act 2010.”

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

LORD JUDD

80

Page 136, line 23, at end insert—

“Young people with a disability

Civil legal services in relation to advice and proceedings where the applicant or respondent is aged 24 or under and has a disability by reference to section 6 of the Equality Act 2010, including but not limited to—

(a) arrangements relating to any welfare benefit, allowance, payment or credit;

(b) proceedings relating to debt;

(c) housing law;

(d) proceedings relating to immigration and asylum;

(e) proceedings relating to clinical negligence;

(f) proceedings relating to consumer protection law;

(g) appeals to the Criminal Injuries Compensation Authority;

(h) private family law;

(i) proceedings relating to a review under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007;

(j) proceedings relating to an appeal to the Supreme Court.”

BARONESS MASSEY OF DARWEN

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

80A

Page 136, line 23, at end insert—

“Social welfare law for children and young people

Civil legal services provided in relation to advice and proceedings where the applicant or respondent is aged 24 or under, or where the child is represented by a legal guardian, limited to cases concerning—

(a) any welfare benefit, allowance, payment or credit;

(b) proceedings relating to debt;

(c) housing law; and

(d) employment.”

LORD BACH

LORD BEECHAM

81

Page 136, line 34, at end insert—

“( ) all areas of housing law not otherwise covered in this Schedule”

82

Page 136, line 34, at end insert—

“( ) all areas of employment law not otherwise covered in this Schedule”

LORD BACH

LORD BEECHAM

LORD STEVENSON OF BALMACARA

[In substitution for Amendment 83]

82ZA

Page 136, line 34, at end insert—

“( ) all areas of education law not otherwise covered in this Schedule”

LORD BACH

LORD BEECHAM

[In substitution for Amendment 84]

82ZB

Page 136, line 34, at end insert—

“( ) all areas of consumer law not otherwise covered in this Schedule”

[In substitution for Amendment 85]

82ZC

Page 136, line 34, at end insert—

“( ) all areas of debt-related disputes not otherwise covered in this Schedule”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

[In substitution for Amendment 86]

82ZD

Page 136, line 34, at end insert—

“Appeals where court or tribunal certifies complex point etc.

(1) Civil legal services provided in relation to an appeal to the Upper Tribunal, the Senior Courts or the Supreme Court where the relevant court or tribunal certifies that—

(a) the appeal raises a complex issue of law or an issue of fact of exceptional complexity (in which case the certificate must identify the issue),

(b) the matter is one of significant wider public interest (in which case the certificate must identify that interest), or

(c) there is some other compelling reason why the proper conduct of the appeal requires the provision of civil legal services (in which case the certificate must set out the reason).

(2) Rules of procedure applicable to the relevant court or tribunal may make provision about certificates under this paragraph.”

BARONESS MASSEY OF DARWEN

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

82A

Page 136, line 34, at end insert—

“Young people with a disability or who lack mental capacity

Civil legal services in relation to advice and proceedings where the applicant or respondent is aged 24 or under and has a disability or lacks mental capacity, including—

(a) arrangements relating to any welfare benefit, allowance, payment or credit;

(b) proceedings relating to debt;

(c) housing law;

(d) proceedings relating to immigration and asylum;

(e) proceedings relating to clinical negligence;

(f) proceedings relating to consumer protection law;

(g) appeals to the Criminal Injuries Compensation Authority;

(h) private family law;

(i) proceedings relating to a review or appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

(j) proceedings relating to an appeal to the Supreme Court.”

82B

Page 136, line 34, at end insert—

“Care leavers

Civil legal services in relation to advice and proceedings where the applicant or respondent is a care leaver aged 21 or under, including—

(a) arrangements relating to any welfare benefit, allowance, payment or credit;

(b) arrangements relating to their education;

(c) proceedings relating to debt;

(d) housing law;

(e) proceedings relating to immigration and asylum;

(f) proceedings relating to clinical negligence;

(g) proceedings relating to consumer protection law;

(h) appeals to the Criminal Injuries Compensation Authority;

(i) private family law;

(j) proceedings relating to a review or appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

(k) proceedings relating to an appeal to the Supreme Court.”

BARONESS MASSEY OF DARWEN

LORD RAMSBOTHAM

82C

Page 136, line 34, at end insert—

“Social welfare law for children and young people

Civil legal services in relation to advice and proceedings where the applicant or respondent is aged 24 or under, or where the child is represented by a legal guardian, including—

(a) arrangements relating to any welfare benefit, allowance, payment or credit;

(b) proceedings relating to debt; and

(c) housing law.”

83

[Re-tabled as Amendment 82ZA]

84

[Re-tabled as Amendment 82ZB]

85

[Re-tabled as Amendment 82ZC]

86

[Re-tabled as Amendment 82ZD]

LORD AVEBURY

BARONESS WHITAKER

87

Page 137, line 5, leave out paragraph 5

88

Page 137, line 5, leave out “land” and insert “buildings, not including the curtilage of buildings”

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD CLEMENT-JONES

BARONESS DOOCEY

89

Page 137, line 29, leave out paragraph 15

LORD BACH

LORD BEECHAM

LORD JUDD

90

Page 137, line 38, leave out paragraph 16

LORD MCNALLY

90ZA

Page 139, line 1, at beginning insert “Advocacy in”

BARONESS BUTLER-SLOSS

LORD JUDD

90A

Page 139, line 42, at end insert—

“Advocacy for victims of trafficking in human beings in proceedings in the Employment Appeal Tribunal.”

LORD MCNALLY

90B

Page 140, line 11, leave out “the preceding paragraphs” and insert “any other paragraph”

90C

Page 140, line 12, at end insert—

“25 Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.

26 Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.”

90D

Page 140, line 32, leave out “2 or 3” and insert “or 2”

90E

Page 140, line 41, at end insert—

“( ) Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.”

90F

Page 140, line 43, leave out “sub-paragraph (1)” and insert “this paragraph”

90G

Page 141, line 3, at end insert—

“( ) when proceedings are related to other proceedings.”

Clause 9

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

LORD MACDONALD OF RIVER GLAVEN

91

Page 6, line 16, after “breach” insert “, or

(c) that it is in the interests of justice generally”

LORD BACH

LORD BEECHAM

91A

Page 6, line 16, at end insert—

“( ) that it is appropriate to do so, having regard to the particular circumstances of the case, including—

(i) the client’s vulnerability;

(ii) the client’s capacity to represent themself;

(iii) the client’s health (including mental health) issues; and

(iv) the availability of alternative sources of advice and assistance and the impact and consequences on the client, or his or her family, of failing to receive advice and assistance under this Part;

( ) that the client is under the age of 18; or

( ) that it is otherwise in the interests of justice.”

92

Page 6, line 25, at end insert—

“( ) In deciding whether a case constitutes an exceptional case for the purposes of subsection (4), the Director must consult and have regard to the views of the Chief Coroner.”

92A

Page 6, line 37, at end insert—

“( ) The Director shall make provision for the payment of reasonable costs incurred by any person making a successful funding application under this section.”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.

Clause 10

LORD BACH

LORD BEECHAM

93

Page 7, line 23, leave out subsection (4)

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD SHIPLEY

BARONESS DOOCEY

94

Page 7, line 27, after “mediation” insert “, collaborative law”

LORD BACH

LORD BEECHAM

95

Page 7, line 30, at end insert—

“( ) Before making regulations under subsection (1)(b), draft regulations with the proposed criteria must be laid before, and approved by an affirmative resolution of, each House of Parliament.”

Clause 11

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

LORD MACDONALD OF RIVER GLAVEN

96

Page 8, line 16, after “review” insert “by an independent panel”

LORD BACH

LORD BEECHAM

LORD PANNICK

LORD WOOLF

97

Page 8, line 18, leave out “may” and insert “must”

LORD BACH

LORD BEECHAM

98

Page 8, line 19, leave out “or other person”

After Clause 11

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

99

Insert the following new Clause—

“Funding

(1) The Lord Chancellor may make funding available for the obtaining of civil legal services on matters not included in Schedule 1 where it appears to the Lord Chancellor that the provision of such services would promote efficiency, the saving of costs or the attainment of justice.

(2) The Lord Chancellor may make arrangements for such purposes by—

(a) funding public bodies, law centres, citizens advice bureaux and not-for-profit advice and support agencies to facilitate the provision of such services; and

(b) supporting the delivery of such services through the provision of grant in aid to providers of civil legal services, including any consortia or partnership arrangements with public bodies, into which they may choose to enter.”

LORD PHILLIPS OF SUDBURY

LORD WOOLF

LORD FAULKS

99A

Insert the following new Clause—

“Report reviewing claims for clinical negligence

(1) In discharging his functions under section 1(4) above, the Lord Chancellor shall have regard to the report of a review under this section.

(2) The Lord Chancellor must, before the end of the period of one year beginning with the day on which this Act is passed, appoint an independent person to review generally claims for clinical negligence and means of improving the modes, procedures and outcomes relating to the same.

(3) The review must address, in particular,

(a) the accessibility, cost, effectiveness, openness, fairness, proportionality and speediness of such claims, and

(b) any other matters the Lord Chancellor considers appropriate.

(4) After the person appointed under subsection (2) has completed the review, he or she must compile a report of conclusions.

(5) As part of their conclusions the reviewer may propose such voluntary scheme or schemes as he or she shall see fit.

(6) In this section “claims” shall mean claims and complaints made by patients receiving services provided in the United Kingdom and commissioned in England in respect of a liability in tort or contract owed in respect of personal injury or loss arising in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness, or in the care or treatment of any patient of an NHS body, a primary care or independent provider.

(7) The Lord Chancellor must lay before Parliament a copy of the report compiled under subsection (4).”

Clause 12

LORD THOMAS OF GRESFORD

LORD MACDONALD OF RIVER GLAVEN

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

100

Page 8, line 25, leave out from “premises” to end of line 14 on page 9

LORD WIGLEY

101

Page 8, line 25, leave out from “premises” to end of line 20 on page 9

102

Page 9, line 21, leave out subsection (9) and insert—

“( ) Sections 20 and 26(2) do not apply in relation to this section.”

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

LORD MACDONALD OF RIVER GLAVEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

Clause 14

LORD BACH

LORD BEECHAM

103

Page 10, line 8, at end insert—

“( ) individuals who are involved in investigations which may lead to a caution or warning,”

104

Page 10, line 14, at end insert—

“( ) Before making regulations, the Lord Chancellor must, in particular, consult and have regard to the views of—

(a) the Lord Chief Justice;

(b) the Director of Public Prosecutions;

(c) the Bar Council;

(d) the Law Society of England and Wales; and

(e) the Institute of Legal Executives.”

105

Page 10, line 46, leave out “may” and insert “must”

106

Page 10, line 46, leave out “the review of, or”

107

Page 10, line 47, leave out “or other person”

Clause 16

LORD BACH

LORD BEECHAM

108

Page 12, line 20, leave out subsection (3)

Clause 17

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.

Clause 18

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.

Clause 19

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.

Clause 20

LORD THOMAS OF GRESFORD

LORD MACDONALD OF RIVER GLAVEN

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

109

Page 15, line 8, at end insert—

“( ) For the purposes of subsection (1), “financial resources” shall include all the realisable property of the individual subject to a restraint order under section 41 of the Proceeds of Crime Act 2002 (restraint orders) and subsections (4) and (5) of that section are hereby repealed.”

LORD BACH

LORD BEECHAM

110

Page 15, line 24, leave out “, by telephone or by other prescribed means”

Clause 21

LORD BACH

LORD BEECHAM

111

Page 17, line 15, after “individual” insert “or person”

Clause 22

LORD BACH

LORD BEECHAM

112

Page 17, line 31, leave out subsection (3)

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

113

Page 17, line 35, after “may” insert “not”

113A

[Withdrawn]

Clause 26

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD SHIPLEY

BARONESS DOOCEY

114

Page 21, line 6, after “particular” insert—

“(a)”

LORD WIGLEY

115

Page 21, line 7, at end insert “provided that he or she is satisfied that the person would not by virtue of using those services be disadvantaged as a result of disability, mental illness or other impairment”

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

LORD SHIPLEY

BARONESS DOOCEY

116

Page 21, line 7, at end insert “, and

(b) by arranging for the services so provided to be offered by law centres, Citizens Advice Bureaux or other independent or voluntary organisations approved by him or her”

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD PHILLIPS OF SUDBURY

LORD CARLILE OF BERRIEW

117

Page 21, line 7, at end insert—

“( ) The Lord Chancellor may discharge the duty to provide initial advice and assistance under section 12 by arranging for those services to be provided by telephone or other electronic means only where the person in custody has expressly agreed to receive those services solely by such means.”

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.

Clause 43

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

118

Page 30, leave out lines 4 to 6 and insert—

“(b) the maximum limit must be expressed as comprising either or both of the following—

(i) a percentage of the descriptions of damages awarded in the proceedings that are specified in the agreement; or

(ii) a percentage of the amount of fees which would be payable to the person providing legal services including advocacy if they were not acting under a conditional fee agreement,”

119

Page 30, line 7, leave out “that percentage” and insert “those percentages”

120

Page 30, line 10, leave out “those”

LORD BACH

LORD BEECHAM

121

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for—

(a) death; or

(b) physical or psychological injury,

resulting from any breach of duty trespass to the person.”

122

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for—

(a) death; or

(b) physical or psychological injury,

resulting from any breach of duty owed by an employer to an employee.”

123

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for loss resulting from any breach of duty to exercise professional care or skill.”

124

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages or other relief in relation to—

(a) interference with personal information or breach of privacy; or

(b) defamation.”

125

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for judicial review of a decision, or of a failure to decide, by a public body.”

126

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings in which—

(a) a party (“Party A”) is an individual who has purchased, commissioned or ordered goods or services from the other party (“Party B”);

(b) Party B is in business to provide such goods and services; and

(c) the success fee is part of a conditional fee agreement made by Party A.”

LORD MARTIN OF SPRINGBURN

127

Page 30, line 15, leave out subsection (4)

LORD MACKAY OF CLASHFERN

LORD THOMAS OF GRESFORD

LORD BACH

128

Page 30, line 16, after “(6)” insert “Subject to subsection (7),”

LORD BACH

LORD BEECHAM

129

Page 30, line 16, after “proceedings” insert “, other than a claim for damages as a consequence of a personal injury in which the claimant sustained injuries of maximum severity as defined in the Judicial Studies Board Guidelines on Personal Injury Damages,”

130

Page 30, line 16, after “proceedings” insert “, other than a claim for damages for personal injury based on occupiers’ liability,”

131

Page 30, line 16, after “proceedings” insert “, unless the court determines that the conduct of the defendant has been unreasonable (in whole or in part),”

132

Page 30, line 16, after “proceedings” insert “, other than those cases that are certified as being a test case of public importance,”

133

Page 30, line 16, after “proceedings” insert “, other than an appeal,”

134

Page 30, line 16, after “proceedings” insert “, other than a claim for damages under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934 arising out of death,”

134A

Page 30, line 16, after “proceedings” insert “, other than proceedings of a type listed in section 58(6A),”

LORD MACKAY OF CLASHFERN

LORD THOMAS OF GRESFORD

LORD BACH

135

Page 30, line 18, at end insert—

“( ) After subsection (6) of that section, insert—

“(7) A costs order may include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee in the following proceedings—

(a) proceedings in England and Wales by a company which is being wound up in England and Wales or Scotland;

(b) proceedings by a company which has entered administration under Part II of the Insolvency Act 1986;

(c) proceedings in England and Wales by a person acting in the capacity of—

(i) liquidator of a company which is being wound up in England and Wales or Scotland; or

(ii) trustee of a bankrupt’s estate;

(d) proceedings by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986.

(8) In subsections (7)(a) and (c) “company” means a company within the meaning of section 1 of the Companies Act 2006 or a company which may be wound up under Part V of the Insolvency Act 1986.””

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

BARONESS HOOPER

136

Page 30, line 18, at end insert—

“( ) After subsection (7) insert—

“(8) The Lord Chancellor may by order prescribe that sections 58(4A) and (4B) and subsection (6) shall not apply to any conditional fee agreement where all of the following conditions are met—

(a) the proceedings include a claim by an individual or group of individuals for damages,

(b) the loss or injury allegedly caused has occurred in a developing country,

(c) a judge of the High Court has certified, whether before or after the commencement of court proceedings, that—

(i) the proposed litigation raises issues which ought, in the interests of justice, to be considered by a court in England and Wales;

(ii) the resources of the proposed claimant or claimants are significantly less than those of the proposed defendant or defendants; and

(iii) in the absence of the provisions of this subsection there would be a significant risk that the proposed claimant or claimants would be unable to secure effective legal representation in England or Wales.

(9) In subsection (8) “developing country” means a country, not being a member state of the European Union, whose per capita gross national income was less than 50 per cent of the per capita gross national income of the United Kingdom in any of the three years prior to the year (or if more than one year, the first year) in which the injury or loss is alleged to have occurred.”.”

LORD BACH

LORD BEECHAM

136A

Page 30, line 18, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for a disease, condition or illness resulting from any breach of duty owed by an employer to an employee.”

136B

Page 30, line 18, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for—

(a) death;

(b) physical or psychological injury; or

(c) any disease, condition or illness;

resulting from any breach of duty or trespass to that person.”

136C

Page 30, line 18, at end insert—

“( ) After subsection (6) of that section insert—

“(6A) A costs order made in proceedings of a type listed in subsection (6B) may include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.

(6B) Proceedings against a public authority—

(a) in which there is a claim for—

(i) assault,

(ii) battery,

(iii) false imprisonment,

(iv) malicious prosecution,

(v) trespass to goods or land,

(vi) misfeasance in a public office, or

(vii) judicial review,

(b) under the Data Protection Act 1998,

(c) under the Equality Act 2010,

(d) in negligence where there is a wider public interest in the claim being brought, or

(e) for damages in respect of an act or omission by a public authority that involves a breach of Convention rights by the authority.””

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

BARONESS HOOPER

137

Page 30, line 20, at end insert “or section 58A(8)”

LORD ALTON OF LIVERPOOL

LORD AVEBURY

LORD WIGLEY

LORD BACH

137A

Page 30, line 23, at end insert—

“( ) The amendments made by this section do not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from exposure to harmful substance.”

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.

After Clause 43

LORD BACH

LORD BEECHAM

137B

Insert the following new Clause—

“Uprate to general damages

The quantum of damages for pain, suffering and loss of amenity is increased by 10 per cent above the levels awarded immediately before this section comes into force.”

137C

Insert the following new Clause—

“Uprate to general damages (No. 2)

The quantum of damages for pain, suffering and loss of amenity is increased by 33 per cent above the levels awarded immediately before this section comes into force.”

Clause 45

LORD BACH

LORD BEECHAM

138

Page 31, line 26, after “proceedings” insert “, for any area of law that is subject to a qualified one-way cost-shifting regime,”

LORD LLOYD OF BERWICK

139

Page 31, line 29, leave out from “policy” to end of line 23 on page 32

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

140

Page 31, line 29, after “unless” insert—

“(a) the party is one to whom section 58A(8) applies, or

(b)”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

141

Page 31, line 30, at end insert “, (2A) or (2B)”

LORD MACKAY OF CLASHFERN

LORD THOMAS OF GRESFORD

LORD BACH

142

Page 31, line 30, at end insert—

“( ) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where the order is made in favour of a party to proceedings of the type specified in section 58A(7) of the Courts and Legal Services Act 1990.”

LORD BACH

LORD BEECHAM

143

Page 31, line 31, leave out first “may” and insert “shall”

144

Page 31, line 31, leave out second “may” and insert “shall”

145

Page 31, line 44, at end insert—

“( ) The Lord Chancellor shall by regulations provide that a costs order shall include a payment to cover circumstances where a party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay his or her own disbursements and against any residual risks of meeting the other party’s costs after the introduction of any qualified one-way cost-shifting regime.”

146

Page 31, line 44, at end insert—

“( ) When making Regulations under subsection (2), the Lord Chancellor shall have regard to the financial and commercial viability of the insurance market.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

147

Page 31, line 44, at end insert—

“(2A) The Lord Chancellor may, by regulations, provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of an environmental claim (or against that risk and other risks),

(c) the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of an environmental claim (“the relevant part of the premium”), and

(d) the amount is to be paid in respect of the relevant part of the premium.

(2B) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay the costs of the opposing party, and

(c) the opposing party has agreed prior to the commencement of proceedings that the costs insurance policy should be taken out.”

148

Page 32, line 5, after “regulations” insert “under subsection (2)”

149

Page 32, line 8, at end insert—

“(4A) Regulations under subsection (2B) may include provision about the amount that may be required to be paid by the costs order in the event that additional cover beyond the extent of the cover as agreed by the opposing party was obtained by the party which took out the costs insurance policy.”

150

Page 32, line 17, at end insert—

““environmental claim” means a claim by which a person seeks any remedy or relief in respect of an act, omission or decision relating to the environment and, for the purpose of this section, an act, omission or decision relates to the environment if information about it would be environmental information within the meaning of Article 2(3) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Justice;”

LORD BACH

LORD BEECHAM

151

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where—

(a) death; or

(b) physical or psychological injury,

is the result of a breach of duty owed or trespass to the person.”

152

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where—

(a) death; or

(b) physical or psychological injury,

is the result of a breach of duty owed by an employer to an employee.”

153

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings that include a claim for damages for loss resulting from any breach of duty to exercise professional care or skill.”

154

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings which include a claim for damages or other relief in relation to—

(a) interference with personal information or breach of privacy; or

(b) defamation.”

155

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings that include a claim for damages for judicial review of a decision or of a failure to decide by a public body.”

156

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where—

(a) the receiving party is an individual who has purchased, commissioned or ordered goods or services from the other party; and

(b) the party liable to pay the costs specified in the order is in business to provide those particular goods or services.”

LORD ALTON OF LIVERPOOL

LORD AVEBURY

LORD WIGLEY

LORD BACH

156A

Page 32, line 29, at end insert—

“( ) The amendment made by this section does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from exposure to a harmful substance.”

LORD BACH

LORD BEECHAM

156AA

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where a disease, condition or illness is the result of a breach of duty owed by an employer to an employee.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.

Clause 46

LORD ALTON OF LIVERPOOL

LORD AVEBURY

LORD WIGLEY

LORD BACH

156B

Page 32, line 36, at end insert—

“( ) The repeal made by subsection (1) does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from exposure to a harmful substance.”

LORD BACH

LORD BEECHAM

156C

Page 32, line 36, at end insert—

“( ) The repeal made by subsection (1) does not apply in relation to proceedings which include a claim for damages for any disease, condition or illness arising from a breach of duty by an employer.”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.

After Clause 46

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

157

Insert the following new Clause—

“Qualified one way costs shifting

(1) An unsuccessful claimant in proceedings which include an environmental claim or which are brought under Part 54 of the Civil Procedure Rules shall not be ordered to pay the costs of any other party other than where the claimant has acted unreasonably in bringing or conducting the proceedings.

(2) The Lord Chancellor may, by regulations, provide that a claimant in proceedings other than proceedings which include an environmental claim or which are brought under Part 54 of the Civil Procedure Rules shall not be ordered to pay the costs of any other party other than where the claimant has acted unreasonably in bringing or conducting the proceedings.

(3) “Environmental claim” means a claim by which a person seeks any remedy or relief in respect of an act, omission or decision relating to the environment, and for the purpose of this section, an act, omission or decision relates to the environment if information about it would be environmental information within the meaning of Article 2(3) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Justice.”

Clause 53

LORD BACH

LORD BEECHAM

158

Page 38, line 3, leave out “may” and insert “shall”

159

Page 38, line 16, after “amount” insert “, being an amount not less than 10 per cent,”

160

Page 38, line 16, after “amount” insert “, being an amount not less than 25 per cent,”

161

Page 38, line 17, at end insert—

“(3A) Every three years beginning with the day that this section comes into force, the Lord Chancellor must review the level of the prescribed amount referred to in subsection (3) and consider whether there should be any increase.

(3B) Following a review being undertaken under subsection (3A), the Lord Chancellor must either—

(a) in a case where he or she considers that the amount should be increased, lay a draft order with the reasons for any proposed changes before both Houses of Parliament for approval; or

(b) in a case where he or she considers that the amount should not be increased, publish and lay the results of the review, including any reasons for not making an increase, before both Houses of Parliament.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

162

Page 38, line 36, at end insert “and shall include without limitation injunctive, declaratory or other non-monetary relief and any form of vindication of the claimant’s reputation”

After Clause 53

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

163

Insert the following new Clause—

“Third party litigation funding

(1) A third party litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of it being a third party litigation funding agreement; but any other third party litigation funding agreement shall be unenforceable.

(2) A third party litigation funding agreement is an agreement under which a third party (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services to another person (“the litigant”) by a person other than the funder in exchange for remuneration.

(3) For the purposes of subsection (2), “remuneration” includes—

(a) a payment or any other transfer of value representing or calculated by reference to the value of a judgment or settlement; and

(b) an assignment of the proceeds (in whole or in part) of any judgment or settlement.

(4) The following conditions are applicable to a third party litigation funding agreement—

(a) it must be in writing;

(b) it must not relate to—

(i) proceedings which by virtue of section 58A(1) and (2) of the Courts and Legal Services Act 1990 cannot be the subject of an enforceable conditional fee agreement;

(ii) a multi-party action, representative action or any proceedings which are the subject of a group litigation order; or

(iii) any other proceedings of a description prescribed by the Lord Chancellor;

(c) it must comply with such requirements as shall be prescribed by the Lord Chancellor.

(5) Regulations under subsection (4)(c) may—

(a) require any person which enters into a third party funding agreement with a litigant to first obtain a license from a licensing body to be designated by the Lord Chancellor; and

(b) set out conditions to be satisfied in order to obtain such a license.

(6) In this section “advocacy services” and “litigation services” are as defined in section 119 of the Courts and Legal Services Act 1990.”

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

164

Insert the following new Clause—

“Third party’s insurance company

(1) A third party’s insurance company may not solicit a claimant who has a cause of action for personal injuries against its policy holder, to settle that cause of action where to the knowledge of the insurance company, the claimant is legally represented either under legal aid or a conditional fee agreement.

(2) A third party’s insurance company may not make an offer to settle in circumstances not prohibited by subsection (1), unless—

(a) it has obtained adequate medical evidence of the personal injury and has disclosed it to the claimant; and

(b) the claimant is advised when the offer is made of his right to obtain legal advice; and

(c) the offer is in full and final settlement of the cause of action.

(3) Any settlement made in breach of subsections (1) and (2) shall be void.”

Clause 54

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

165

Page 39, line 24, at end insert “, or

(c) arranges for another person to provide, for a fee, marketing services by unsolicited SMS text message, unsolicited telephone calls or any marketing in a hospital or other primary treatment centre.”

LORD BACH

LORD BEECHAM

LORD ALTON OF LIVERPOOL

166

Page 39, line 24, at end insert—

“( ) A regulated person is not in breach of this section if—

(a) that person is a solicitor; and

(b) the body to which the payment is made for the prescribed legal business is a registered charity that has been granted an exemption by the claims management regulation unit.”

LORD HUNT OF WIRRAL

166A*

Page 39, line 28, after “damages” insert “which consist of or include damages”

166B*

Page 40, line 6, after “consideration” insert “whether received by the person referring prescribed legal business or not”

Clause 55

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

167

Page 40, line 35, at end insert—

“(b) for the purposes of providing a pooled marketing service, or”

168

Page 40, line 38, leave out subsection (9)

Clause 56

LORD BACH

LORD BEECHAM

169

Page 41, line 2, leave out “may” and insert “shall”

170

Page 41, line 2, leave out “enable” and insert “require”

171

Page 41, line 16, leave out “may” and insert “shall”

Clause 59

LORD LUCAS

 

Lord Lucas gives notice of his intention to oppose the Question that Clause 59 stand part of the Bill.

Schedule 7

LORD RIX

LORD TOUHIG

LORD RAMSBOTHAM

172

Page 173, line 42, at end insert—

“Attorney General’s References: Reference of sentence of Crown Court appearing to be unduly lenient

(1) Section 35 of the Criminal Justice Act 1988 is amended as follows.

(2) After subsection (3)(b)(ii) insert “or

(iii) for an offence motivated by hostility towards the victim on the grounds of disability, transgender, race, religion and sexual orientation.””

Clause 61

LORD PONSONBY OF SHULBREDE

172A

Page 43, line 32, at end insert—

“(1A) The court may order that the prosecution should inform the victim of the court’s decision and the consequences thereof.”

BARONESS QUIN

172B

Page 43, line 33, after “language” insert “appropriate to the intellectual ability and understanding of the individual offender”

LORD RIX

LORD RAMSBOTHAM

173

Page 44, line 1, leave out “ordinary language” and insert “an accessible way that may include, but will not be limited to simple use of language”

LORD RAMSBOTHAM

LORD JUDD

BARONESS HOWE OF IDLICOTE

174

Page 44, line 2, at end insert “including the place of rehabilitation of the offender in the effect of the sentence”

BARONESS GOULD OF POTTERNEWTON

LORD WIGLEY

LORD JUDD

BARONESS HOWE OF IDLICOTE

175

Page 44, line 40, at end insert—

“( ) The court when requesting a pre-sentence report must ask for a social history on the offender from the Probation Service.”

176

Page 44, line 40, at end insert—

“( ) The court must consider the effects of sentencing on dependents.”

After Clause 61

BARONESS LINKLATER OF BUTTERSTONE

LORD THOMAS OF GRESFORD

176ZA

Insert the following new Clause—

“Awareness of sentencing options

(1) The Lord Chancellor must make arrangements to ensure that courts and magistrates have knowledge of the work of their local probation trust and of the programmes and options it provides.

(2) Each probation trust must liaise with courts and magistrates in the area for which the trust has responsibility to ensure knowledge of the programmes and options it provides.”

176ZB

Insert the following new Clause—

“Short prison sentences

A court may not pass a sentence of imprisonment for a term less than six months unless it considers that no other method of dealing with the offender is appropriate and must state the reasons for its opinion in open court in accordance with the provisions of section 174 of the Criminal Justice Act 2003 (duty to give reasons for, and explain effect of, sentence).”

Clause 63

LORD RAMSBOTHAM

176A

Page 47, line 6, at end insert—

“(c) omit sub-paragraph (c)”

176B

Page 47, line 19, at end insert—

“(c) omit sub-paragraph (c)”

Before Clause 66

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

177

Insert the following new Clause—

“Requirements: understanding by offenders

A public body imposing an order under any of sections 67 to 71 shall have a duty to take all reasonable steps to ensure that the terms and requirements of the order are understood by the recipient of that order.”

After Clause 71

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

BARONESS JENKIN OF KENNINGTON

177A

Insert the following new Clause—

“Alcohol monitoring requirement

(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.”

LORD ADEBOWALE

177AA*

Insert the following new Clause—

“Community supervision requirement for offenders aged 18 to 25

(1) In section 177 of the Criminal Justice Act 2003, after paragraph (l) insert—

“(la) in a case where the offender is aged 18 or over and under 25, an intensive community supervision requirement,”.

(2) The court if it makes a community order which imposes an activity requirement, may specify in relation to that requirement a number of days which is more than 90 but not more than 180.

(3) An activity requirement made under subsection (2) is referred to in this Part as an “intensive community supervision requirement”.

(4) A community order which imposes an intensive community supervision requirement must also impose—

(a) a supervision requirement, and

(b) a curfew requirement (and accordingly, if so required, an electronic monitoring requirement).

(5) A community order which imposes an intensive community supervision requirement (and other requirements in accordance with subsection (4)) is referred to in this Part as “a community order with intensive community supervision” (whether or not it also imposes any other requirement).”

Clause 73

LORD RAMSBOTHAM

LORD JUDD

BARONESS HOWE OF IDLICOTE

177B

Page 53, line 9, at beginning insert—

“( ) In section 16(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty or power to refer certain young offenders to youth offender panels) for “18” substitute “21”.”

LORD RAMSBOTHAM

LORD JUDD

177C

Page 53, line 17, at end insert—

“(2A) In section 18 of that Act (making of referral orders: general)—

(a) in subsection (1)(a) after “team” insert “or probation trust”, and

(b) in subsection (2) after “team” insert “or probation trust”.

(2B) In section 21 of that Act (establishment of panels)—

(a) in subsection (3)(a) after “team” insert “or probation trust”,

(b) in subsection (3)(b) after “team” insert “or probation trust”,

(c) in subsection (5) after “team” wherever it appears insert “or probation trust”,

(d) in subsection (6)(a) after “team” insert “or probation trust”,

(e) in subsection (6)(b) after “team” wherever it appears insert “or probation trust”, and

(f) in section (6)(c) after “team” insert “or probation trust”.

(2C) In section 27(1) of that Act (final meeting) after “team” insert “or probation trust”.

(2D) In section 29(1) of that Act (functions of youth offending teams)—

(a) in subsection (1) after “team” insert “or probation trust”,

(b) in subsection (2)(a) after “team” insert “or probation trust”, and

(c) in subsection (3) after “team” insert “or probation trust”.”

After Clause 78

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

177D

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph 24 insert—

“Alcohol monitoring requirement

24A (1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police; and

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided”.”

LORD PONSONBY OF SHULBREDE

177DA

Insert the following new Clause—

“Youth rehabilitation order: restorative justice requirement

(1) In section 1(1) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation order: requirements), after paragraph (o) insert—

“(p) the court may include in a youth rehabilitation order a restorative justice requirement.”

(2) Schedule (Restorative justice requirement: Criminal Justice Act 2003) shall have effect.”

LORD WOOLF

177DAA

Insert the following new Clause—

“Enablement of courts to remand cases for restorative justice arrangements

(1) Subject to subsection (2) where—

(a) at his first hearing, a defendant pleads or has pleaded guilty to an offence, and

(b) there is an identifiable victim of that offence,

the court may remand the case in order that the victim shall be offered the opportunity to participate in a process of restorative justice involving the offender and any person or persons affected by the offence.

(2) A court may not remand the case for the purpose specified in subsection (1) unless it is satisfied that arrangements for a process of restorative justice can be or have been made in the area where the offender will reside.

(3) Where a court does not remand the case the purpose specified in subsection (1) at the first hearing it may do so at a subsequent hearing.”

After Clause 81

BARONESS LISTER OF BURTERSETT

177DB

Insert the following new Clause—

“Enforcement

(1) Where a magistrates’ court has proceeded in the absence of an offender and the court has imposed a fine following conviction any warrant to enforce a fine or other financial penalty, the court may at any time suspend or withdraw the warrant and the matter returned to the court which convicted the offender or such other responsible court within jurisdiction for the area in which the offender resides (“the responsible court”).

(2) Regulations shall be made enabling a court, Her Majesty’s Court Service or any person employed to enforce a warrant against a convicted person, to suspend or withdraw the warrant and return the matter to the court which convicted the offender or the responsible court as in subsection (6).

(3) Any person enforcing a warrant for a levy of distress or an execution against goods on behalf of a magistrates’ court shall be paid a single fee in respect of the work undertaken on the warrant to recover the fine or debt.

(4) Where any person enforcing a warrant for a levy of distress or an execution against goods on following a fine or other order imposed by a magistrates’ court fails to recover the payment of the fine or discovers no or insufficient goods exist, that person shall return the matter to the court which imposed the fine or the responsible court in subsection (1) in order that another enforcement method for the recovery of the money owed may be undertaken.

(5) Regulations made under subsection (2) shall include the steps to be taken in a case where following conviction it is discovered that the convicted person falls into a “vulnerable category” for the purposes of page 9 of the National Standards for Enforcement Agents or as may be prescribed.

(6) Where on enforcing a warrant for a levy of distress or an execution against goods, the person enforcing the warrant discovers that the convicted person falls into a vulnerable category for the purposes of page 9 of the National Standards for Enforcement Agents or under regulations made in subsection (5), it shall be the duty of the person enforcing the warrant to return the matter to the magistrates’ court or the responsible court as the case may be for further consideration of the enforcement steps to be taken.”

After Schedule 10

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

177E

Insert the following new Schedule—

“Alcohol monitoring requirement Criminal Justice Act 2003

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement.”

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

“(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant,

(b) and the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement.”

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “and alcohol treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 212A(1).”.”

177F

Insert the following new Schedule—

“Youth rehabilitation order: alcohol monitoring requirement Criminal Justice and Immigration Act 2008

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule),”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “an intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under paragraph 24A(1).”.

4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure.”

(4) In paragraph 21(1) (warrants) after “by virtue of this Schedule” insert “or under paragraph 4A”.”

LORD PONSONBY OF SHULBREDE

177G

Insert the following new Schedule—

“Restorative justice requirement: Criminal Justice Act 2003

(1) The Criminal Justice Act 2003 is amended as follows:

(2) In section 177 (community orders), in subsection (1) after paragraph (j) insert—

“a restorative justice requirement.””

After Clause 83

LORD BACH

LORD BEECHAM

178

Insert the following new Clause—

“Right to appeal bail decisions

(1) The Bail (Amendment) Act 1993 is amended as follows.

(2) After section 1 insert—

“1A Appeal against a bail decision

(1) The prosecution may appeal to a judge of the High Court against the decision of a Crown Court to grant bail in a case where a person is charged with or convicted of an offence triable on indictment.

(2) Subsection (1) applies where the prosecution is conducted—

(a) by or on behalf of the Director of Public Prosecutions; or

(b) by a person who falls within a class or description of person as prescribed in regulations made under this section.

(3) An appeal under subsection (1) may only be made where—

(a) the prosecution made representations that bail should not be granted; and

(b) the representations were made before it was granted.

(4) In the event of the prosecution wishing to exercise the right of appeal under subsection (1), it must give oral notice of appeal to the Crown Court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned.

(5) Written notice of appeal shall thereafter be served on the Crown Court and the person concerned within two hours of the conclusion of such proceedings.

(6) Upon receipt from the prosecution of oral notice of appeal from its decision to grant bail, the Crown Court shall remand in custody the person concerned until the appeal is determined or otherwise disposed of.

(7) Where the prosecution fails within the period of two hours mentioned in subsection (5) to serve one or both of the notices in accordance with that subsection the appeal shall be deemed to have been disposed of.

(8) The hearing of an appeal against a decision of the Crown Court to grant bail under subsection (1) shall be commenced within forty-eight hours, excluding weekends and any public holiday (that is to say Christmas Day, Good Friday or a Bank Holiday) from the date on which oral notice of appeal is given.

(9) The judge hearing an appeal under this section shall be privy to any earlier evidence and may, at the conclusion of the hearing—

(a) remand the person concerned in custody; or

(b) grant bail, subject to any conditions,

as he or she sees fit.”.”

Clause 86

BARONESS QUIN

178ZA

Page 65, line 38, after “language” insert “appropriate to the intellectual ability and understanding of the individual child”

Clause 95

BARONESS QUIN

178ZB

Page 74, line 1, after “language” insert “appropriate to the intellectual ability and understanding of the individual child”

Before Clause 113

LORD LLOYD OF BERWICK

178A

Insert the following new Clause—

“Duty to release certain prisoners serving a whole life sentence

In Chapter 2 of Part 1 of the Crime (Sentences) Act 1997 after section 28 insert—

“28A Duty to release certain prisoners serving a whole life sentence

(1) In the case of a life prisoner who has been made subject to a whole life order, and has served 30 years of his sentence, it shall be the duty of the Secretary of State, with the consent of the Lord Chief Justice and the trial judge if available, to refer the case to the Parole Board.

(2) If the Parole Board is satisfied—

(a) that it is no longer necessary for the protection of the public that the prisoner should be confined, and

(b) that in all the circumstances the release of the prisoner on licence would be in the interests of justice,

the Parole Board may direct his release under this section.

(3) Where the Parole Board has directed a prisoner’s release under this section, it shall be the duty of the Secretary of State to release him on licence.””

178B

Insert the following new Clause—

“Effect of life sentence

In Chapter 7 of Part 12 of the Criminal Justice Act 2003 (effect of life sentence) omit section 269(5) to (7).”

After Clause 113

LORD WIGLEY

179

Insert the following new Clause—

“Abolition of certain sentences for dangerous offenders (No. 2)

All those already serving sentences of imprisonment for public protection for serious offences must either—

(a) have access to relevant rehabilitation programmes, or

(b) have their sentences rescinded,

within 30 days of the commencement of this Act.”

Clause 117

LORD RAMSBOTHAM

LORD GOODHART

LORD LLOYD OF BERWICK

LORD JUDD

180

Page 96, line 21, leave out subsections (3) and (4) and insert—

“( ) The Secretary of State shall within three months of enactment report to both Houses of Parliament that plans have been made for the release of all current IPP prisoners.”

Clause 118

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

181

Page 97, line 7, at end insert—

“(c) the availability of support to carry out employment; and

(d) the availability of support to understand the terms of employment in prison.”

LORD RIX

LORD RAMSBOTHAM

LORD WIGLEY

182

Page 97, line 19, at end insert—

“(c) the availability of support to carry out employment; and

(d) the availability of support to understand the terms of employment in prison.”

Clause 122

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

183

Page 104, line 17, at end insert—

“( ) In section 23(4) (the authorised person explains the effect of the conditional caution to the offender and warms him that failure to comply with any of the conditions attached to the caution will result in his being prosecuted for the offence) after “explains the effect of the conditional caution” insert “in a way which is easily understood by the offender and, if necessary, with support including, but not limited to, an appropriate adult”.

( ) After section 23(5) (the offender signs a document which contains details of the offence, an admission by him that he committed the offence, his consent to being given the conditional caution and the conditions attached to the caution) insert—

“(6) The sixth requirement is that reasonable efforts and adjustments are made to ensure that the offender is able to comply with the conditions attached to the caution.””

Clause 124

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

184

Page 105, line 37, leave out “ordinary language” and insert “in an accessible way that may include, but will not be limited to, simple use of language”

185

Page 105, line 40, at end insert—

“(c) where that person requires support to communicate or understand the process, the appropriate adult.”

Clause 128

LORD THOMAS OF GRESFORD

LORD DHOLAKIA

BARONESS LINKLATER OF BUTTERSTONE

LORD MACDONALD OF RIVER GLAVEN

186

Page 109, leave out lines 6 to 19

187

Page 110, leave out lines 15 to 28

LORD LLOYD OF BERWICK

 

Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 128 stand part of the Bill.

Clause 130

BARONESS MILLER OF CHILTHORNE DOMER

188

Page 111, line 39, at end insert—

“( ) The offence is not committed where the building has been empty for 6 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.”

LORD THOMAS OF GRESFORD

BARONESS MILLER OF CHILTHORNE DOMER

LORD DHOLAKIA

BARONESS LINKLATER OF BUTTERSTONE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

After Clause 131

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

THE LORD BISHOP OF LONDON

BARONESS BROWNING

189

Insert the following new Clause—

“Amendment to the Scrap Metal Dealers Act 1964

In section 5 (other offences relating to scrap metal) after subsection (2) insert—

“(3) If any scrap metal dealer accepts or makes payment in cash, that dealer shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) When deciding the level of fine to be charged under subsections (1) to (3), a court may take into account—

(a) the value of the scrap metal in question;

(b) the provenance of the scrap metal in question;

(c) the compliance of the scrap metal dealer with the provisions of sections 1 to 3 of this Act generally; and

(d) any other factors which the court deems to be relevant.””

Clause 134

LORD BACH

LORD BEECHAM

190

Page 113, line 23, after “subsection” insert “(1A) and”

LORD MARTIN OF SPRINGBURN

191

Page 113, line 23, leave out “subsection (2)” and insert “subsections (2), (2A) and (2B)”

LORD BACH

LORD BEECHAM

192

Page 113, line 23, at end insert—

“(1A) The Lord Chancellor may not make an order to commence sections 45 and 46 until the Lord Chancellor has established a viable system of one-way cost-shifting for civil litigation.”

193

Page 113, line 23, at end insert—

“( ) An order bringing Part 2 of this Act into effect, in whole or part, shall not be made unless—

(a) personal injury damages for pain, suffering and loss of amenity have been increased by 25 per cent;

(b) an effective system of one-way qualified cost-shifting has been introduced; and

(c) an effective system to meet the disbursements of unsuccessful claimants has been introduced.”

194

Page 113, line 24, leave out “comes” and insert “and section (Pre-commencement impact assessment) come”

LORD MARTIN OF SPRINGBURN

LORD JUDD

195

Page 113, line 24, at end insert—

“(2A) The Lord Chancellor shall, prior to commencement, commission an independent review report on the expected cost and impact on the time and resources of judges and the courts of any increase in the numbers of litigants in person arising from the provisions of Parts 1 and 2 of this Act.

(2B) The Lord Chancellor shall lay a copy of the report commissioned under subsection (2A) in both Houses of Parliament at the same time as laying a draft commencement order for any other section in Part 1.”

Clause 137

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

LORD FELLOWES

LORD JUDD

196

Page 114, line 21, after “and” insert “Rehabilitation and”

Long Title

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

LORD JUDD

LORD FELLOWES

197

Line 5, after “about” insert “rehabilitation of offenders and”

Prepared 17th January 2012