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,
(c) not set a minimum level for the number of cases for which it is willing to contract,
(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:—
'.—(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) 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.".'.
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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.'.
Housing Act 1996
Mr John Burnett
Mr Lembit Öpik
NC18
To move the following Clause:—
'[38B] In section 204 of the Housing Act 1996, there shall be inserted at the end—
"(5) The court may grant an injunction requiring the authority to provide accommodation for the applicant until the appeal (and any further appeal) is finally determined.".'.
Housing Act 1996 (No. 2)
Mr John Burnett
Mr Lembit Öpik
NC19
To move the following Clause:—
'In section 204 of the Housing Act 1996, there shall be inserted after subsection (2)—
"(2A) The court may grant leave to extend the time limit in subsection (2) if it shall appear just and reasonable to do so.".'.
Housing Act 1996 (No. 3)
Mr John Burnett
Mr Lembit Öpik
NC20
To move the following Clause:—
'(1) Section 127 of the Housing Act 1996 (proceedings for possession of introductory tenancy) shall be amended as follows.
(2) In subsection (2), after "order" there shall be inserted "if it is just and reasonable in all the circumstances to do so".
(3) After subsection (3) there shall be inserted—
"(4) the court may adjourn the proceedings for such period or periods as it thinks fit.
(5) On the making of an order for possession, the court may stay or suspend the execution of the order, or postpone the date of possession, for such period or periods as the court thinks fit.".'.
Action relating to listing
Mr John Burnett
Mr Lembit Öpik
NC21
To move the following Clause:—
'.—In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), insert after paragraph 6C—
"6D. For the purposes of paragraphs 6A, 6B and 6C, action is not to be treated as taken at the direction, or on the authority, of a person acting in a judicial capacity, or in his capacity as a member of a tribunal or as an adjudicator, merely because it relates to the listing of a case before the court or tribunal or an adjudicator.".'.
Fees
Dr Alan Whitehead
NC22
To move the following Clause:—
'.—(1) For section 11(1) of the Solicitors Act 1974 substitute—
"(1) Subject to subsection (2), there shall be paid to the Society in respect of each practising certificate to be issued by it, such fee on the Master of the Rolls, with the concurrance of the Lord Chancellor and the Lord Chief Justice may from time to time determine in accordance with sub-paragraph (3) below".
(2) For section 11(3) of the Solicitors Act 1974 substitute—
"(3) The Society shall charge such sum or sums as shall be approved pursuant to sub-paragraph (1) above solely for the purpose of discharging its duties to its members in respect of regulation under this Act, and for legal training its members or providing legal education to its members or to prospective members, and shall apply any sums so raised solely for the said purposes.".'.
Recovery of costs
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
NC23
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 likely to pay his legal representative.'.
Litigation services
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
NC24
To move the following Clause:—
'.—Section 119 of the Courts and Legal Services Act 1990 (Interpretation) is amended as follows:
(2) In the definition of "litigation services" after the word "provide" insert—("and in the case of a claim for damage of personal injury shall include the intimation of that claim to the party considered to be liable for the injury and advice and assistance to the injured person preparatory to and consequent on the intimation of such claim to the injured party.".'.
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