Funding of Ombudsman by professional bodies
Mr Keith Vaz
NC9
To move the following Clause:—
'. In paragraph 7 of Schedule 3 to the Courts and Legal Services Act 1990 (financial provisions relating to Legal Services Ombudsman), for sub-paragraph (1) (Ombudsman's expenses to be defrayed by Lord Chancellor) substitute—
The Commissioner
Mr Keith Vaz
NC10
To move the following Clause:—
'.—(1) The Lord Chancellor may appoint a person as Legal Services Complaints Commissioner.
(2) Any appointment of a person as Commissioner shall be for a period of not more than three years; and a person appointed as Commissioner shall hold and vacate office in accordance with the terms of his appointment.
(3) At the end of his term of appointment the Commissioner shall be eligible for re-appointment.
(4) The Commissioner shall not be an authorised advocate, authorised litigator, licensed conveyancer or authorised practitioner (within the meaning of the Courts and Legal Services Act 1990) or a notary.
(5) Schedule (Legal Services Complaints Commissioner) (which makes further provision about the Commissioner) has effect.'.
Commissioner's functions
Mr Keith Vaz
NC11
To move the following Clause:—
'.—(1) If it appears to the Lord Chancellor that complaints about members of any professional body are not being handled effectively and efficiently, he may by direction require the Legal Services Complaints Commissioner to consider exercising in relation to the body such of the powers in subsection (2) as are specified in the direction.
(2) Those powers are—
(a) to require a professional body to provide information, or make reports, to the Commissioner about the handling of complaints about its members,
(b) to investigate the handling of complaints about the members of a professional body,
(c) to make recommendations in relation to the handling of complaints about the members of a professional body,
(d) to set targets in relation to the handling of complaints about the members of a professional body, and
(e) to require a professional body to submit to the Commissioner a plan for the handling of complaints about its members.
(3) Where the Commissioner requires a professional body to submit to him a plan for the handling of complaints about its members but the body—
(a) fails to submit to him a plan which he considers adequate for securing that such complaints are handled effectively and efficiently, or
(b) submits to him such a plan but fails to handle complaints in accordance with it,
he may require the body to pay a penalty.
(4) Before requiring a professional body to pay a penalty under subsection (3) the Commissioner shall afford it a reasonable opportunity of appearing before him to make representations.
(5) The Lord Chancellor shall by order made by statutory instrument specify the maximum amount of any penalty under subsection (3).
(6) In determining the amount of any penalty which a professional body is to be required to pay under subsection (3) the Commissioner shall have regard to all the circumstances of the case, including in particular—
(a) the total number of complaints about members of the body and, where the penalty is imposed in respect of a failure to handle complaints in accordance with a plan, the number of complaints not so handled, and
(b) the assets of the body and the number of its members.
(7) A penalty under subsection (3) shall be paid to the Commissioner who shall pay it to the Lord Chancellor.
(8) Where a direction under subsection (1) in relation to a professional body has been given (and not revoked), section 24(1) of the Courts and Legal Services Act 1990 (power of Legal Services Ombudsman to make recommendations about arrangements for investigation of complaints) shall not have effect in relation to the body.
(9) No order shall be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(10) In this section "professional body" has the same meaning as in section 22 of the Courts and Legal Services Act 1990.'.
Adjournment of inquest in event of judicial inquiry
Mr Keith Vaz
NC12
To move the following Clause:—
'.—(1) In the Coroners Act 1988, after section 17 insert—
| "Adjournment of inquest in event of judicial inquiry. | 17A.—(1) If on an inquest into a death the coroner is informed by the Lord Chancellor before the conclusion of the inquest that—
the coroner shall, in the absence of any exceptional reason to the contrary, adjourn the inquest and, if a jury has been summoned, may, if he thinks fit, discharge them.
(2) Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.
(3) Where a coroner has adjourned an inquest in compliance with subsection (1) above, the Lord Chancellor shall send him the findings of the public inquiry as soon as reasonably practicable after their publication.
(4) A coroner may only resume an inquest which has been adjourned in compliance with subsection (1) above if in his opinion there is exceptional reason for doing so; and he shall not do so—
(a) before the end of the period of 28 days beginning with the day on which the findings of the public inquiry are published; or
(b) if the Lord Chancellor notifies the coroner that this paragraph applies, before the end of the period of 28 days beginning with the day on which the public inquiry is concluded.
(5) Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above—
(a) the provisions of section 8(3) above shall not apply in relation to that inquest; and
(b) if he summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment), he shall proceed in all respects as if the inquest had not previously begun and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.
(6) Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (2) above) send to the registrar of deaths a certificate under his hand stating any findings of the public inquiry in relation to the death."
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(2) In section 8(4) of that Act (power to summon jury), for "either before he proceeds to hold an inquest" substitute "before he proceeds to hold an inquest, on resuming an inquest begun with a jury after the inquest has been adjourned and the jury discharged".
(3) In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for "certain cases" substitute "event of criminal proceedings".'.
Principles applicable to Part I
Mr William Hague
Miss Ann Widdecombe
Mr Edward Garnier [R]
Mr Nick Hawkins [R]
Mr James Arbuthnot [R]
NC13
*To move the following Clause:—
'(1) Every person exercising functions in connection with this Part must act, so far as possible, in a way which is compatible with the objectives set out in subsection (2).
(2) The objectives are:
(a) that persons have access to legal services and the machinery of justice which they would otherwise be unable to obtain on account of their means;
(b) that such access is not to be impaired on account of racial grounds, gender, sexual orientation or disability (within the meaning of the Disability Discrimination Act 1995) or the place in England and Wales where any legal services are sought;
(c) that legal services and facilities of high quality be available such that disputes may be resolved, and proceedings determined, expeditiously, fairly and with the parties placed on an equal footing;
(d) that persons obtaining access to legal services under this part shall have the widest possible choice of provider or services.'.
Judges holding office in European or international courts
Mr Keith Vaz
NC14
*To move the following Clause:—
'.—(1) A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.
(2) In this section—
"United Kingdom judicial office" means the office of—
(a) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,
(b) judge of the Court of Session or sheriff, in Scotland, or
(c) Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and
"relevant international court" means—
(a) any court established for any purposes of the European Communities, or
(b) any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.
(3) A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office—
(a) for the purposes of section 12(1) to (6) of the Supreme Court Act 1981, section 9(1)(c) or (d) of the Administration of Justice Act 1973, section 18 of the Courts Act 1971, section 14 of the Sheriff Courts (Scotland) Act 1907 or section 106 of the County Courts Act (Northern Ireland) 1959 (judicial salaries),
(b) for the purposes of, or of any scheme established by and in accordance with, the Judicial Pensions and Retirement Act 1993, the Judicial Pensions Act 1981, the Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or
(c) for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the Court of Session Act 1988 or section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (judicial numbers).
(4) If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.
(5) The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.
(6) In subsection (5) "appropriate Minister" means—
(a) in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and
(b) in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.
(7) A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
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