Vote Bundle Text (990504-06)

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

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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.'.

Employed prosecuting advocates: conflicts of interest involving the Government

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

NC16

To move the following Clause:—

'. In the Courts and Legal Service Act 1990, after section 31B (inserted by section 32 above) insert—

"Duty to instruct independent advocate to prosecute certain cases. 31C.—(1) An advocate employed as a Crown Prosecutor or in Crown employment shall not be instructed by a public prosecuting authority as an advocate to prosecute in any criminal proceedings where, in the opinion of that authority or of the court dealing with the proceedings, the interests of justice require that the case be prosecuted by an advocate in independent practice.
(2) In particular, the interests of justice are to be treated as requiring the instruction of an advocate in independent practice if the authority or the court considers that—

(a) the case raises, or seems likely to raise, issues of political sensitivity for the government, any member of the Government or any Government department;

(b) issues arise, or seem likely to arise, as to the withholding of documents on the grounds that disclosure would be injurious to the public interest;

(c) the case involves, or seems likely to involve, some other significant conflict of interest affecting the Government, any member of the government or any Government department.
(3) In this section—

'advocate in independent practice' means an advocate not in Crown employment; and

'Crown employment' means employment under or for the purposes of a Government department or a body exercising functions on behalf of the Crown.".'.

Provision and funding of community legal services by local authorities

Mr John Burnett
Mr Lembit Öpik

NC17

To move the following Clause:—

'(1) The Community Legal Service shall be required to consult with every local authority in England and Wales or their representative bodies on the provision of services as specified in section 5(2), following which an assessment shall be made of which services should be provided by the Community Legal Service and which services should be provided by local authorities in each area.

(2) The Legal Services Commission may fund services of the description specified in section 5(2) which, following consultation between the Community Legal Service and local authorities, have been agreed to be provided by a local authority.

(3) The Lord Chancellor shall pay the Legal Services Commission the sums which he determines are appropriate for the provision of services as specified in section 5(2) by local authorities.'.