Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders

Bill

MARSHALLED LIST OF MOTIONS AND AMENDMENTS TO BE MOVED ON

CONSIDERATION OF

commons REASONS AND Amendments

[The page and line references are to HL Bill 109, the bill as first printed for the Lords.]

MOTION A

LORDS AMENDMENT 1

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.

 

A

 

Lord McNally to move, That this House do not insist on its Amendment 1 to

 

which the Commons have disagreed for their Reason 1A.

 

A1

 

Lord Pannick to move, as an amendment to Motion A, at end insert “but

 

do propose Amendment 1B as an amendment in lieu”

1B

Page 1, line 5, leave out subsection (1) and insert—

 

“(1)    

The Lord Chancellor shall exercise his powers under this Part with a view

 

to securing that individuals have access to legal services that effectively

 
 
HL Bill 140-I55/1

 
 

2

 
 

meet their needs, subject to the resources which the Lord Chancellor

 

decides, in his discretion, to make available, and subject to the provisions

 

of this Part.”

 

MOTION B

 

LORDS AMENDMENTS 2, 192, 194 AND 196

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.

Schedule 1

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;

 
 

 
 

3

 
 

(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;

 

(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.

 

B

 

Lord McNally to move, That this House do not insist on its Amendments 2, 194

 

and 196 to which the Commons have disagreed for their Reasons 2A, 194A and

 

196A, do not insist on its Amendment 192 and do agree with the Commons in

 

their Amendments 193A, 219A and 220A.

 
 

 
 

4

 
 

B1

 

Baroness Scotland of Asthal to move, as an amendment to Motion B, leave out

 

from “House” to end and insert “do not insist on its Amendments 192 and 194

 

and do agree with the Commons in their Amendments 193A, 219A and 220A,

 

and do not insist on its Amendments 2 and 196 but do propose Amendments 2B

 

and 196B as amendments in lieu”

Schedule 1

2B

Page 121, line 31, at end insert—

 

“Domestic violence

 

      (1)  

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), icluding 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 police report confirming

 

attandance 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 form

 

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 letter from the General Medical Council registered general

 

practitioner or other medical professional 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;

 

(g)    

an undertaking given to a court by the alleged perpetrator of the

 

abuse that he or she will not approach the applicant in respect of

 

allegations of doemstic violence;

 

(h)    

a letter from a social services department confirming its

 

involvement in providing services to the applicant in respect of

 

allegations of domestic violence;

 

(i)    

a letter of support or a report from a domestic violence support

 

organisation; or

 

(j)    

other well-founded evidence of abuse that is either—

 

(i)    

certified by a court; or

 

(ii)    

of atype prescribed in regulations.

 

      (2)  

For the avoidance of doubt, no evidence shall be deemed inadmissible

 

on the basis of expiration where the general limitation period under the

 

civil standard has not elapsed.”

196BParliamentary Star

Page 121, line 47, at end insert—

 
 

 
 

5

 
 

“(2)    

For the avoidance of doubt, no evidence supporting an application for civil

 

legal services under this paragraph shall be deemed inadmissible on the

 

basis of expiration where the general limitation period under the civil

 

standard has not elapsed.”

 

MOTION C

 

LORDS AMENDMENTS 3 AND 4

Clause 4

3

Page 3, line 27, at end insert—

 

“( )    

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.”

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”

 

C

 

Lord McNally to move, That this House do not insist on its Amendments 3 and

 

4 and do agree with the Commons in their Amendments 4A and 4B.

 

MOTION D

 

LORDS AMENDMENT 24

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

 
 

 
 

6

 
 

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.

 

D

 

Lord McNally to move, That this House do not insist on its Amendment 24 to

 

which the Commons have disagreed for their Reason 24A.

 

D1

 

Baroness Grey-Thompson to move, as an amendment to Motion D, at end insert

 

“but do propose Amendment 24B as an amendment in lieu”

24BParliamentary Star

Page 21, line 7, at end insert—

 

“( )    

Notwithstanding subsection (1), the Lord Chancellor’s duty to a person

 

eligible for legal aid advice under section 1(1) must include—

 

(a)    

a duty to secure the provision of initial face-to-face advice; and

 

(b)    

a duty to secure the provision of legal aid advice in a range of forms,

 

taking account of the needs of the person eligible for such advice

 

(“the client”), including—

 

(i)    

the client’s vulnerability;

 

(ii)    

the client’s capacity to represent himself or herself and

 

communicate his or her case, including any written

 

documentation;

 

(iii)    

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

 

(iv)    

the impact and consequences on the client, or his or her

 

family, of failing to receive advice and assistance under this

 

Part;

 

(v)    

the age of the client; or

 

(vi)    

that it is otherwise in the interests of justice.”

 

MOTION E

 

LORDS AMENDMENT 31

Before Clause 43

31

Insert the following new Clause—

 

“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.”

 
 

 
 

7

 
 

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.

 

E

 

Lord McNally to move, That this House do not insist on its Amendment 31 to

 

which the Commons have disagreed for their Reason 31A.

 

E1

 

Lord Alton of Liverpool to move, as an amendment to Motion E, leave out from

 

“House” to end and insert “do insist on its Amendment 31”.

 

MOTION F

 

LORDS AMENDMENT 32

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.

 

F

 

Lord McNally to move, That this House do not insist on its Amendment 32 to

 

which the Commons have disagreed for their Reason 32A.

 

F1

 

Lord Wigley to move, as an amendment to Motion F, leave out from “House” to

 

end and insert “do insist on its Amendment 32”.

 

MOTION G

 

LORDS AMENDMENTS 168, 169 AND 240

Schedule 1

168

Page 115, line 5, at end insert—

 
 

 
contents continue
 

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Revised 23 April 2012