Vote Bundle Text (990429-05)

Amendments proposed to the Access to Justice Bill [Üƒf4Ýlords] - continued	House of Commons

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Appointment of Queen's Counsel

Mr Andrew Dismore

NC5

* To move the following Clause:—

'(1) The Lord Chancellor shall publish not less than two months before Maundy Thursday each year a list of those applying to be appointed Queen's Counsel.

(2) Prior to recommending any person for appointment as Queen's Counsel the Lord Chancellor shall consider

(a) any representations made by the public in response to the list referred to in subsection (1) above; and

(b) the extent to which the applicant has

(i) undertaken pro bono work in the previous three years, and

(ii) indicated a willingness to undertake pro bono work if appointed Queen's Counsel.

(3) Any new appointment as Queen's Counsel shall be for a fixed term of not more than five years renewable upon application in such manner and subject to such conditions and fees as the Lord Chancellor shall specify by order.'.

Assessment of costs

Mr Andrew Dismore

NC6

* To move the following Clause:—

'When assessing standard costs payable by another party to an action, the court shall assess any amount payable in respect of counsels' fees by reference to the experience and seniority of counsel concerned and shall disregard the fact (if it is the case) that counsel concerned holds the office of Queen's Counsel.'.

Judicial Appointments Commission

Mr Andrew Dismore

NC7

* To move the following Clause:—

'(1) The Lord Chancellor shall appoint persons to form a body to be known as the Judicial Appointments Commission.

(2) In appointing persons to the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes persons who (between them) have experience in or knowledge of—

(a) the judiciary;

(b) the legal professions;

(d) the maintenance of professional standards in the legal profession and in other professions;

(e) consumer affairs;

(f) social conditions.

(3) The Commission shall have the duties of

(a) setting criteria for appointment to the different ranks of the judiciary;

(b) inviting applications from candidates for full-time and part-time judicial vacancies;

(d) recommending suitable candidates for appointment to a panel from which the Lord Chancellor shall fill judicial vacancies;

(e) making arrangements to evaluate the performance of members of the judiciary and making recommendations to the Lord Chancellor consequent upon such evaluations.'.

Register of judicial interests

Mr Andrew Dismore

NC8

*To move the following Clause:—

'(1) The Lord Chancellor shall appoint a Registrar of Judicial Interests;

(2) The Lord Chancellor shall by order require every member of the judiciary to notify to the Registrar such particulars of his pecuniary and non-pecuniary interests and in such manner as the Lord Chancellor shall by order specify together with any alterations which may occur therein;

(3) The Registrar shall ensure these particulars to be entered in a Register of Judicial Interests which shall be available for inspection by the public in such places and at such times as the Lord Chancellor shall by order specify.'.

Court dress

Mr Andrew Dismore

NC9

*To move the following Clause:—

'(1) The wearing of wigs in court by judges and advocates as part of court dress is abolished.

(2) The Lord Chancellor shall within six months of the commencement date of this Act by order lay down rules for court dress.

(3) In exercising the duty specified in subsection (2) above the Lord Chancellor shall ensure that the rules provide for the same court dress requirements for all advocates.

(4) For the purposes of this section "advocate" shall mean barristers (whether leading or junior counsel) and solicitors.'.

Major accidents

Mr Andrew Dismore

NC10

*To move the following Clause:—

'(1) The Lord Chancellor may grant any person who is appointed to chair a public inquiry into any accident or incident which has resulted in death the powers and duties of a coroner conducting an inquest;

(2) In the event of a coroner's powers and duties being granted in accordance with subsection (1) no inquest shall be held into any death in relation to which the chairman exercises those duties or powers;

(3) Any findings of fact made by the chairman of a public inquiry into any accident or incident resulting in death or serious personal injury shall be receivable in evidence and shall be binding in any subsequent civil proceedings to the extent the chairman specifies in his report of the inquiry.'.

Estimates and accounts

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC11

*To move the following Clause—

'. The Commission shall prepare and publish estimates and accounts to show the following—

(a) the setting up costs of all the services for which they are responsible;

(b) the administrative running costs for all the services for which they are responsible;

(d) the cost of disbursements within those legal services for which they are responsible.'.

Community Legal Service and Criminal Defence Service Review Body

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC12

*To move the following Clause:—

'.—(1) There shall be a body known as the Community Legal Services and Criminal Defence Service Review Body (in this section referred to as "the Review Body").

(2) The Review Body's functions shall be—

(a) to advise the Lord Chancellor as to appropriate target incomes for those providing services under the Community Legal Service or the Criminal Defence Service;

(b) to advise the Lord Chancellor as to the pricing of contracts so as to secure those target levels.

(3) In advising the Lord Chancellor, the Review Body shall suggest target levels which enable those receiving services from the Commission to obtain good quality services, and subject to that, provide the best value for money.

(4) The Commission shall consist of—

(a) not fewer than seven members, and

(b) not more than twelve members;

but the Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.

(5) The members of the Commission shall be appointed by the Lord Chancellor, and the Lord Chancellor shall appoint one of the members to chair the Commission.

(6) In appointing persons to be members of the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes persons with experience in or knowledge of—

(a) the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,

(b) the work of the courts,

(d) management.'.

Independence of solicitors and barristers

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC13

*To move the following Clause:—

' .— Nothing in this Act shall prevent there continuing to exist an independent solicitors' profession and an independent Bar.'.

Contracts for provision of services

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC14

*To move the following Clause:—

'.—(1) The objective of the Commission in entering into contracts shall be to provide the greatest possible choice of good quality legal services for those using the services of the Community Legal Service.

(2) In entering into contracts the Commission shall—

(a) contract with every supplier who meets appropriate quality criteria and who wishes to provide services under the Community Legal Service,

(b) offer each contractor a contract for at least the same number of cases as they undertook in the year preceding,

(d) provide in each contract for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and

(e) define in each contract the number of hours' work, or number of cases, to be undertaken for the contract sum.'.

Contracts

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC15

*To move the following Clause:—

(2) The Commission shall therefore adopt the following principles in entering into contracts—

(a) the Commission shall contract with every supplier who meets prescribed quality criteria and who wishes to provide services under the Community Legal Service;

(b) subject to paragraph (c), the Commission shall offer each contractor a contract for at least the same number of cases as they undertook in the year preceding the year of contracts;

(c) where the total number of cases to be funded in any category of work in a particular region is to be reduced below the number undertaken in the previous year, the Commission may make proportionate reductions in the number of cases to be funded by each contractor in the region concerned;

(d) the Commission shall not set a minimum level for the number of cases for which it is willing to contract;

(e) contracts shall provide for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and for the costs of advocacy in court; and

(f) contracts shall define the number of hours' work, or the number of cases, to be undertaken for the contract sum.'.