Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the First Marshalled List]

Schedule 1

BARONESS BUTLER-SLOSS

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

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.”

70A*

Page 130, line 39, at end insert—

““specified person” means a person—

(i) under the age of 18;

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

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

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

BARONESS BUTLER-SLOSS

90A*

Page 139, line 42, at end insert—

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

After Clause 11

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).”

Prepared 20th December 2011