Vote Bundle Text (990504-05)

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

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Mr Geoffrey Hoon

115

Schedule 12, page 112, line 35, at end insert—

'1973 c. 62.

The Powers of Criminal Courts Act 1973.

In section 21(2), the words from ", and in subsection" to the end.


1974 c. 47.

The Solicitors Act 1974.

In section 47, in subsection (2C), the words "excluding any person from legal aid work", in subsection (2D), the words "from such work" and subsection (6).'.

Mr Geoffrey Hoon

116

Schedule 12, page 112, line 45, at end insert—

'1982 c. 48.

The Criminal Justice Act 1982.

In section 3(2), the words from ", and in subsection" to the end.'.

Mr Geoffrey Hoon

117

Schedule 12, page 113, column 3, leave out line 3 and insert—

'In section 42, in subsection (3), the words "from such work" and subsection (4)(b) and the preceding "and".

Section 43(4).

Section 44(4).'.

Mr Geoffrey Hoon

118

Schedule 12, page 113, line 11, column 3, after '18,' insert '19(b) and the preceding "and",'.

Mr Geoffrey Hoon

119

Schedule 12, page 114, line 14, at end insert—

'1999 c. 00.

The Youth Justice and Criminal Evidence Act 1999.

Section 39(2).'.

Mr Geoffrey Hoon

120

Clause 86, page 53, line 8, leave out 'Part II' and insert 'in Part II, sections 27 and 28'.

Mr Geoffrey Hoon

121

Clause 87, page 53, line 19, leave out 'Part II and section' and insert 'Sections 27, 28 and'.

NEW CLAUSES

Closure of courthouses

Mr John Burnett
Mr Lembit Öpik

NC 1

To move the following Clause:—

'.—(1) Where on the date of coming into force of this Act a courthouse is provided by a paying authority, under section 56 of the Justices of the Peace Act 1997, the Magistrates' Courts Committee shall presume that there is a continuing need for accommodation within the district of each paying authority.

(2) Where the Lord Chancellor is considering an appeal by a paying authority against a decision by a Magistrates' Courts Committee to close a courthouse, he shall presume that there is a continuing need for the accommodation.

(3) A paying authority concerned for the purposes of section 56(3) of the Justices of the Peace Act 1997 shall be any local authority whose residents are or may be affected by any decision to close a courthouse.'.

Abolition of indemnity principle

Mr Andrew Dismore

NC2

To move the following Clause:—

'A party to a proceeding shall not be prevented from recovering from another party an amount in respect of costs by any rule of law which limits the costs recoverable by a party to proceedings to the amount which he is liable to pay his legal representative.'.

Abolition of Queen's Counsel

Mr Andrew Dismore
Dr Alan Whitehead
Mr Keith Darvill
Mr Martin Linton
Mr Paul Stinchcombe

NC3

To move the following Clause:—

'The office of Queen's Counsel is abolished.'.

Use of Counsel

Mr Andrew Dismore
Mr Keith Darvill
Mr Martin Linton
Mr Michael Foster
(Hastings and Rye)

NC4

To move the following Clause:—

'Rules of Court shall provide that a party to proceedings may instruct

(a) Queen's Counsel or

(b) two or more counsel

to appear at trial or in interlocutory proceedings only with prior leave of the court which leave shall be granted only if in the opinion of the court the instruction of such Counsel is (a) within the overriding objective of the civil justice rules and (b) does not constitute substantial unfairness to any other party.'.

Appointment of Queen's Counsel

Mr Andrew Dismore
Mr Keith Darvill
Mr Martin Linton
Mr Michael Foster
(Hastings and Rye)
Mr Paul Stinchcombe

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
Mr Keith Darvill
Mr Martin Linton
Mr Michael Foster
(Hastings and Rye)

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
Mr David Kidney
Mr Keith Darvill
Mr Paul Stinchcombe
Dr Alan Whitehead
Mr Martin Linton

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
Mr David Kidney
Dr Alan Whitehead
Mr Keith Darvill
Mr Martin Linton
Mr Paul Stinchcombe

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 cause 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
Mr Keith Darvill
Mr Martin Linton

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.'.