Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
commons DISAGREEMENTS, REASONS, Amendments in lieu AND
AMENDMENTS TO AMENDMENTS IN LIEU OF AN AMENDMENT
[The page and line references are to HL Bill 109, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 5, leave out from “secure” to end of line 6 and insert “(within the

resources made available and in accordance with this Part) that individuals have

access to legal services that effectively meet their needs”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 1 for the following Reason—
1A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
2
Page 1, line 6, at end insert—

“( )
In exercising the duty under subsection (1), the Lord Chancellor must

ensure that victims of domestic violence are able to access civil legal

services in accordance with the financial eligibility criteria in section 20

(financial resources).”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 2 for the following Reason—
2A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
Clause 4
3
Page 3, line 27, at end insert—

HL Bill 140 55/1

2

“( )
The Lord Chancellor must ensure that the terms on which the designated

person holds the post of Director are, as regards the making and

termination of the designation and otherwise, such as to ensure the

Director’s independence from Ministers of the Crown (subject to any

direction or guidance given under subsection (3)) in relation to the carrying

out of the Director’s functions under this Part.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 3 and 4, but propose Amendments 4A

and 4B in lieu.
4
Page 3, line 27, at end insert—

“( )
In this section “Minister of the Crown” has the meaning given by the

Ministers of the Crown Act 1975.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 3 and 4, but propose Amendments 4A

and 4B in lieu—
4A
Page 3, line 22, leave out subsection (4) and insert—

“( )
But the Lord Chancellor—

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

those functions in relation to an individual case, and

(b)
must ensure that the Director acts independently of the Lord

Chancellor when applying a direction or guidance under

subsection (3) in relation to an individual case.”
4B
Page 3, line 24, leave out “about the carrying out of those functions” and insert

“under this section”
Clause 26
24
Page 21, line 6, leave out subsection (2) and insert—

“( )
Notwithstanding subsection (1), the Lord Chancellor’s duty under section

1(1) must include a duty to secure that a person eligible to legal aid advice

is able to access it in a range of forms at the outset, including securing the

provision of initial face-to-face advice.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 24 for the following Reason—
24A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
Before Clause 43
31
Insert the following new Clause—

3

“Exception in respiratory (industrial disease or illness) cases

The changes made by sections 43, 45 and 46 of this Act 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 industrial

exposure to harmful substance.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 31 for the following Reason—
31A
Because it is not appropriate to make an exception from clauses 43, 45 and 46 for

proceedings which include a claim for damages for respiratory disease or illness arising

from industrial exposure to harmful substances.
32
Insert the following new Clause—

“Exception for industrial disease cases

The changes made by sections 43, 45 and 46 of this Act do not apply in

relation to proceedings which include a claim for damages for a disease,

condition or illness (whether or not resulting in death) resulting from any

breach of duty owed by an employer to an employee.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 32 for the following Reason—
32A
Because it is not appropriate to make an exception from clauses 43, 45 and 46 for

proceedings which include a claim for damages for a disease, condition or illness resulting

from a breach of duty owed by an employer to an employee.
Schedule 1
168
Page 115, line 5, at end insert—

“Social welfare law

      (1)
Civil legal services provided in respect of a social welfare decision

relating to a benefit, allowance, payment, credit or pension under—

(a)
the Social Security Contributions and Benefits Act 1992;

(b)
the Jobseekers Act 1995;

(c)
the State Pension Credit Act 2002;

(d)
the Tax Credits Act 2002;

(e)
the Welfare Reform Act 2007;

(f)
the Welfare Reform Act 2012; or

(g)
any other enactment relating to social security.

      (2)
For the purposes of sub-paragraph (1), “civil legal services” includes

independent advice and assistance for a review, or appeal to a first-tier

tribunal, of such a decision.”

4

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 168 for the following Reason—
168A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
169
Page 115, line 5, at end insert—

“Social welfare law (No. 2)

      (1)
Civil legal services provided in respect of a social welfare decision

relating to a benefit, allowance, payment, credit or pension under—

(a)
the Social Security Contributions and Benefits Act 1992;

(b)
the Jobseekers Act 1995;

(c)
the State Pension Credit Act 2002;

(d)
the Tax Credits Act 2002;

(e)
the Welfare Reform Act 2007;

(f)
the Welfare Reform Act 2012; or

(g)
any other enactment relating to social security.

      (2)
For the purposes of sub-paragraph (1), “civil legal services” includes—

(a)
independent advice or assistance for an appeal to a second-tier

tribunal; and

(b)
independent advice, assistance and representation at a higher

court of such a decision.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU
169A
The Commons disagree to Lords Amendments Nos. 169 and 240, but propose Amendments

240A and 240B in lieu.
170
Page 115, line 5, at end insert—

“Clinical negligence

      (1)
Civil legal services provided in relation to the obtaining of one or more

expert reports in clinical negligence proceedings.

      (2)
In this paragraph—

“clinical negligence proceedings” means proceedings which

include a claim for damages in respect of clinical negligence;

“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);

“expert report” means a report by a person qualified to give expert

advice on all or most of the matters that are the subject of the

report;

“proceedings” includes any sort of proceedings for resolving

disputes (and not just proceedings in court), whether

commenced or contemplated.”

5

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 170 for the following Reason—
170A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
171
Page 115, line 5, at end insert—

“Children under 18


Civil legal services in relation to advice and proceedings where a child

is, or proposes to be, the applicant or respondent in proceedings, or

where the child is represented by a legal guardian, including—

(a)
private family law;

(b)
any benefit, allowance, payment, credit or pension under—

(i)
the Social Security Contributions and Benefits Act 1992,

(ii)
the Jobseekers Act 1995,

(iii)
the State Pension Credit Act 2002,

(iv)
the Tax Credits Act 2002,

(v)
the Welfare Reform Act 2007,

(vi)
the Welfare Reform Act 2012, or

(vii)
any other enactment relating to social security;

(c)
all areas of education law not otherwise covered in this Schedule;

(d)
all areas of housing law not otherwise covered in this Schedule;

(e)
all areas of debt-related disputes not otherwise covered in this

Schedule;

(f)
all areas of immigration and asylum law not otherwise covered

in this Schedule;

(g)
all areas of clinical negligence law not otherwise covered in this

Schedule;

(h)
all areas of consumer law not otherwise covered in this Schedule;

(i)
appeals to the Criminal Injuries Compensation Authority;

(j)
civil legal services relating to a review or appeal under section 11

or 13 of the Tribunals, Courts and Enforcement Act 2007; and

(k)
civil legal services relating to an appeal to the Supreme Court.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 171 for the following Reason—
171A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
172
Page 115, line 5, at end insert—

6

“Children and clinical negligence

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

course of the provision of clinical services which took place at a time

when the individual was 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.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 172 for the following Reason—
172A
Because it would alter the financial arrangements made by the Commons, and the

Commons do not offer any further Reason, trusting that this reason may be deemed

sufficient.
192
Page 120, line 45, at end 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;”

COMMONS DISAGREEMENT AND AMENDMENTS TO AMENDMENTS IN LIEU OF AN

AMENDMENT

The Commons disagree to Lords Amendment No. 192, but propose Amendment 193A to

Lords Amendment 193, Amendment 219A to Lords Amendment 219 and Amendment

220A to Lords Amendment 220 in lieu of Lords Amendment No. 192—
193A
Line 2, after “means” insert “any incident of”
219A
Line 2, after “means” insert “any incident of”
220A
Line 25, after “means” insert “any incident of”
194
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 relevant criminal proceedings for an offence

concerning domestic violence or a police report confirming

attendance at an incident resulting from domestic violence;

7

(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.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 194 for the following Reason—
194A
Because it is appropriate for provision about forms of evidence of domestic violence to be

made by regulations.
196
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

paragraphs 10 and 11.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendment No. 196 for the following Reason—
196A
Because it is not appropriate to prevent a time limit being imposed in respect of evidence

supporting an application for civil legal aid under paragraph 10 or 11 of Part 1 of Schedule

1.
240
Page 137, line 29, leave out paragraph 15

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 169 and 240, but propose Amendments

240A and 240B in lieu—
240A
Page 119, line 2, at end insert—