S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Thursday 29th April 1999
New Amendments handed in are marked thus *
STANDING COMMITTEE E
ACCESS TO JUSTICE BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [27th April], as follows:
Clauses 1 and 2; Schedule 1; Clauses 3 to 7; Schedule 2; Clauses 8 to 15; Schedule 3; Clauses 16 to 24; Schedule 4; Clauses 25 to 36; Schedule 5; Clauses 37 and 38; Schedule 6; Clauses 39 to 57; Schedule 7; Clause 58; Schedule 8; Clauses 59 and 60; Schedule 9; Clauses 61 to 69; Schedule 10; Clauses 70 to 83; Schedule 11; Clause 84; Schedule 12; Clauses 85 to 88; new Clauses; new Schedules.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
62
Clause 6, page 4, line 39, leave out 'determines' and insert 'has determined in the statement referred to in section 3 (3A) above'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
40
Clause 6, page 4, line 40, leave out 'appropriate' and insert 'necessary'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
41
Clause 6, page 4, line 43, leave out 'and may impose conditions on the payment of the sums'.
Mr John Burnett
Mr Lembit Öpik
66
Clause 6, page 4, line 44, at end insert—
'( ) In determining the amount appropriate for the funding of services as part of the Community Legal Service, the Lord Chancellor shall not take into account the level of expenditure expected for the Criminal Defence Service.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
63
Clause 6, page 5, line 3, at end insert 'and the objectives set out in section 5 (1B)'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
64
Clause 6, page 5, line 12, after 'shall', insert 'comply with the objectives set out in section 5(1B) above and'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
54
Clause 6, page 5, line 12, after 'obtain', insert 'good quality services for those using them and, subject to that,'.
Mr John Burnett
Mr Lembit Öpik
67
Clause 6, page 5, line 12, at end insert 'after first taking into account the need to obtain good quality services.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
128
*Clause 7, page 5, line 7, at end insert, 'provided that the Commission shall not make different provision for representation in any description of case in different areas of England and Wales.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
57
Clause 7, page 5, line 13, after 'shall', insert 'have particular regard to the priorities set out in subsections (1A) and (1B).
(1A) Subject to subsections (5), the Commission shall afford priority to advice and representation in cases concerning—
(a) entitlement to welfare benefits
(b) any dispute arising out of or in connection with a contract of employment
(c) homelessness, access to housing, possession proceedings, housing disrepair, harassment or unlawful eviction
(d) the enforcement of judgement debts
(e) immigration, asylum or nationality; or
(f) such other matters as are specified in regulations.
(1B) Subject to subsection 5, the Commission shall afford priority for advice, assistance and representation in cases:
(a) likely to give rise to substantial benefits for a significant number of people other than the parties
(b) which raise an important issue of law or point of principle
(c) concerned with protection from violence
(d) relating to the welfare of children
(e) concerning the welfare of a person under a disability
(f) relating to the care of a child, or
(g) concerning the provision of a child's education, including admission and exclusion proceedings.
(1C) Subject to subsections (1A) and (1B), the Commission shall'.
Mr John Burnett
Mr Lembit Öpik
68
Clause 7, page 5, line 20, at end insert—
'( ) In funding services as part of the Community Legal Service, the Commission shall ensure that separate provision is made for expenditure on disbursements, and for the costs of advocacy.'.
Mr John Burnett
Mr Lembit Öpik
70
Clause 7, page 5, line 35, at end insert—
'( ) In funding services the Commission shall ensure that separate provision is made for expenditure on disbursements reasonably incurred.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
89
Clause 7, page 5, line 35, at end insert—
'( ) Where, in an individual case funded as part of the Community Legal Service, particular services are provided by a person offering specialist advice and assistance on a referral basis or specialist advocacy, regulations shall require that person's remuneration to be quantified and paid separately from other items in the case.'.
Mr John Burnett
Mr Lembit Öpik
74
Clause 7, page 5, line 38, leave out 'may' and insert 'shall'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
92
Clause 7, page 5, line 41, at end insert—
'(5A) The Lord Chancellor shall by order make provision about the payments which may be made by the Commission in respect of advocacy provided by non-contracted private practitioners in cases funded as part of the Community Legal Service; and such provision shall require that the remuneration for such advocacy in each case be quantified and paid separately from other funded services.
(5B) For the purposes of subsection (5A), representation is provided by a non-contracted private practitioner if it is provided, otherwise than pursuant to a contract entered into by the Commission, by a person or body which is neither—
(a) a person or body in receipt of grants or loans made by the Commission as part of the Community Legal Service, nor
(b) the Commission itself or a body established or maintained by the Commission.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
93
Clause 7, page 5, line 44, at end insert—
'(6A) Services consisting of the provision of help in bringing or defending particular proceedings for negligence (other than clinical negligence) where the alleged damage is to the person are not prevented by paragraph 3(a) of Schedule 2 from being funded as part of the Community Legal Service unless the Commission is satisfied that adequate arrangements can be made in that case for the services in question to be funded in some other way.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
90
Clause 7, page 6, line 14, at end insert—
'(1) The Commission shall keep under review whether, in relation to each category of case for which it funds services as part of the Community Legal Service, the interests of justice require particular kinds of services to be provided by way of specialist advice or assistance offered on a referral basis or specialist advocacy; and if so, shall ensure that the arrangements made for providing, or facilitating the provision of, funded services for that category of case include appropriate provision.'.
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
91
Clause 7, page 6, line 14, at end insert—
'( ) Where services are funded in accordance with subsection (3)(b), payment shall be made in accordance with regulations made by the Lord Chancellor after consultation with the Law Society and the General Council of the Bar, and in making such regulations the Lord Chancellor shall have regard to the principle of providing fair and reasonable remuneration.'.
Mr Geoffrey Hoon
7
Schedule 2, page 58, line 28, leave out from 'help' to end of line 5 on page 60 and insert '(beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—
(a) allegations of negligently caused injury, death or damage to property, apart from allegations relating to clinical negligence,
(e) matters of trust law,
(f) defamation or malicious falsehood,
(g) matters of company or partnership law, or
(h) other matters arising out of the carrying on of a business.
2. Advocacy in any proceedings except—
(a) the House of Lords in its judicial capacity,
(b) the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the Government of Wales Act 1998, the Scotland Act 1998 or the Northern Ireland Act 1998,
(f) the Employment Appeal Tribunal, or
(g) any Mental Health Review Tribunal,
(2) proceedings in the Crown Court—
(a) for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997,
(b) which relate to an order under section 4 or 10 of the Crime and Disorder Act 1998, or
(c) under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,
(3) proceedings in a magistrates' court—
(a) under section 43 or 47 of the National Assistance Act 1948, section 22 of the Maintenance Orders Act 1950, section 4 of the Maintenance Orders Act 1958 or section 106 of the Social Security Administration Act 1992,
(b) under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,
(c) in relation to an application for leave of the court to remove a child from a person's custody under section 27 or 28 of the Adoption Act 1976 or in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,
(d) for or in relation to an order under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978,
(e) under the Children Act 1989,
(f) under section 30 of the Human Fertilisation and Embryology Act 1990,
(g) under section 20 or 27 of the Child Support Act 1991,
(h) under Part IV of the Family Law Act 1996,
(i) for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, or
(j) under section 1, 2, 8 or 11 of the Crime and Disorder Act 1998, and
(4) proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).'.
