House of Lords Amendments - Access to Justice Bill [H.L.]

House of Lords

Session 1998-99
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Amendments to the Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
Here you can browse the Marshalled List of Amendments to the Access to Justice Bill [H.L.] to be moved in Committee in the House of Lords.

    The amendments have been marshalled in accordance with the instruction of 13th January 1999, as follows-

Clause 1
Schedule 1
Clauses 2 to 7
Schedule 2
Clauses 8 to 14
Schedule 3
Clauses 15 to 22
Schedule 4
Clauses 23 to 35
Schedule 5
Clauss 36 and 37
Schedule 6      Clauses 38 to 51
Schedule 7
Clause 52
Schedule 8
Clauses 53 to 61
Schedule 9
Clauses 62 to 75
Schedule 10
Clause 76
Schedule 11
Clauses 77 to 80

[Amendments marked * are new or have been altered]

Amendment No.

Before Clause 1

BY THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE LORD CLINTON-DAVIS
THE LORD GOODHART

1      Insert the following new Clause--

("Principles to be applied

    .--(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 be enjoyed without discrimination on any ground;

(c) that legal services and facilities be available such that disputes may be resolved, and proceedings determined, expeditiously, fairly and with the parties placed on an equal footing;

(d) that a strong, independent and self-regulating legal profession be preserved.")
Principles applicable to Part I.

BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY

2      Insert the following new Clause--

    (". The purpose of this Part is to promote equal access to justice, so that individuals who cannot afford the full cost of legal services can have, so far as possible, access to assistance of the same type and quality as those paying for services privately.") Equal access to justice.

Clause 1

BY THE LORD SIMON OF GLAISDALE

3*      Page 1, leave out lines 18 to 20

BY THE LORD KINGSLAND

4*      Page 1, line 20, at end insert--

    ("(  )  An order under subsection (3) shall be made by statutory instrument; and no such statutory instrument shall be made unless it has been laid in draft before, and approved by resolution of, each House of Parliament.")

BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND

5      Page 2, line 3, at end insert--

    ("(  )  Prior to making any appoinment under subsection (4), the Lord Chancellor shall consult professional bodies and representatives of consumer interests.")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

6      Page 2, line 3, at end insert--

    ("(4A)  The Commission shall include--
(a)  at least one practising solicitor, appointed after consultation with the Law Society, and

(b)  at least one practising barrister, appointed after consultation with the General Council of the Bar.")

BY THE LORD KINGSLAND

7      Page 2, line 3, at end insert--

    ("(  )  In appointing members of the Commission the Lord Chancellor shall ensure that at least two members are solicitors with experience of publicly funded legal services work, appointed after consultation with the Law Society.")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

8      Page 2, line 4, at beginning insert ("Subject to subsection (4A),")

BY THE LORD SIMON OF GLAISDALE

9*      Page 2, line 8, at end insert ("and")

10*      Page 2, line 9, at end insert ("and")

BY THE BARONESS WILCOX
THE BARONESS LINKLATER OF BUTTERSTONE

11      Page 2, line 11, at end insert (", and
(e)  consumer affairs")

Schedule 1

BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY

12      Page 52, line 27, at end insert--

    ("(  )  The Commission shall publish the plan submitted to the Lord Chancellor.")

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

13      Page 52, leave out lines 28 to 33 and insert--

    ("(  ) The Commission shall publish the plan and the Lord Chancellor shall lay a copy before each House of Parliament.")

BY THE LORD KINGSLAND

14      Page 52, line 28, leave out from beginning to ("shall") and insert ("The Lord Chancellor")

BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY

15      Page 52, line 28, leave out ("require the Commission to publish it and shall")

BY THE LORD KINGSLAND

16      Page 52, line 30, after ("shall") insert ("make his reasons public and")

Clause 2

BY THE LORD KINGSLAND

17*      Page 2, line 26, at end insert--

    ("(  )  An order under this section shall be made by statutory instrument; and no such statutory instrument shall be made unless it has been laid in draft before, and approved by resolution of, each House of Parliament.")

BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND

18      Page 2, line 36, at end insert ("which powers shall include, but shall not be limited to, loans to assist barristers and solicitors to alleviate the hardship caused by section 7(5), in such circumstances as the Lord Chancellor shall direct,")

Clause 3

BY THE LORD SIMON OF GLAISDALE

19*      Page 2, line 32, leave out subsection (2)

BY THE LORD KINGSLAND

20      Page 2, line 42, after ("Chancellor") insert (", whether at his request or not,")

21      Page 2, line 43, at end insert ("which it shall make public")

BY THE LORD SIMON OF GLAISDALE

22*      Page 3, line 1, leave out ("Subsections (1) and (2) do") and insert ("Subsection (1) does")

23*      Page 3, line 3, leave out subsection (4)

After Clause 3

BY THE LORD KINGSLAND

24*      Insert the following new 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;

(c)  the cost of the legal services for which they are responsible; and

(d)  the cost of disbursements within those legal services for which they are responsible.")
Estimates and accounts.

Clause 4

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

25      Page 3, line 9, leave out subsection (1)

BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

26      Page 3, line 9, leave out subsection (1) and insert--

    ("(1)  Regulations made by the Lord Chancellor may require the Commission to discharge its functions in any manner prescribed.")

BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND

27      Page 3, line 9, after ("may") insert (", after consultation with the professional bodies and representatives of consumer interests,")

BY THE LORD SIMON OF GLAISDALE

28*      Page 3, line 10, after ("its") insert ("administrative")

29*      Page 3, line 12, leave out subsections (2) and (3)

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

30      Page 3, line 14, leave out ("Directions and")

BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

31      Page 3, line 14, leave out from beginning to ("to") in line 15 and insert ("Neither a requirement made in regulations, nor guidance given, under this section may relate")

BY THE LORD SIMON OF GLAISDALE

32*      Page 3, line 14, leave out ("and guidance")

BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND

33      Page 3, line 14, leave out ("shall not") and insert ("may")

BY THE LORD KINGSLAND

34      Page 3, line 15, at end insert ("or group actions")

BY THE LORD ARCHER OF SANDWELL
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND

35      Page 3, line 16, leave out ("directions and")

BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY

36      Page 3, line 17, at end insert--

    ("(  ) Before giving directions or guidance under this section which relate to the remuneration and payment of expenses of legal representatives, the Lord Chancellor shall consult the Law Society and the General Council of the Bar.")

BY THE LORD ARCHER OF SANDWELL
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND

37      Page 3, line 18, leave out subsection (5)

After Clause 4

BY THE LORD KINGSLAND

38      Insert the following new 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,

(c)  social conditions, and

(d)  management.")
Community Legal Service and Criminal Defence Service Review Body.

BY THE LORD CLINTON-DAVIS

39*      Insert the following new Clause--

    ("  .--(1)  The Commission shall establish committees, to be known as consumers' committees, for the purposes of this Part.

    (2)  Each consumers' committee shall be appointed for an area in England and Wales as determined by the Commission.

    (3)  Each consumers' committee shall consist of--
(a)  a chairman appointed by the Commission after consultation with the Lord Chancellor; and

(b)  such other members as the Commission, after consultation with the chairman, may from time to time appoint.
    (4)  It shall be the duty of the consumers' committees--
(a)  to keep under review matters affecting the interests of consumers of legal services in the committee's area; and

(b)  to advise the Commission on any matter relating to the discharge of its functions.")
Consumers' committees.

Clause 5

BY THE LORD KINGSLAND

40*      Page 3, line 20, after ("shall") insert (", after consultation with the Law Society, the General Council of the Bar and such other providers of existing legal services as its proposals may affect,")

BY THE LORD ARCHER OF SANDWELL

41      Page 3, line 21, leave out from ("Service") to end of line 22 and insert ("the objective of which shall be to promote and enhance the opportunities for members of the public--
(a)  to have access to advice, information and assistance relating to the enforcement of rights and the resolution of disputes, and

(b)  where other means of dispute resolution have failed, to have access to justice in courts and tribunals.
    (1A)  In particular, the Community Legal Service shall so far as practicable make available to members of the public")

42      Page 3, line 27, after ("help") insert ("and representation")

BY THE LORD SIMON OF GLAISDALE

43*      Page 3, line 38, leave out subsection (4)

BY THE LORD KINGSLAND

44      Page 3, line 38, after ("itself") insert ("and the public")

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

45      Page 3, line 38, after second ("the") insert ("current and probable future")

BY THE LORD CHANCELLOR

46      Page 3, line 38, leave out ("demand") and insert ("need")

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

47      Page 3, line 38, after ("demand") insert ("and unmet need")

BY THE LORD SIMON OF GLAISDALE

48*      Page 3, line 40, leave out from second ("and") to end of line 41

BY THE LORD CLINTON-DAVIS

49*      Page 3, line 40, after ("with") insert ("the consumers' committees and")

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

50      Page 3, line 42, leave out ("that demand") and insert ("those demands and unmet needs")

BY THE LORD CHANCELLOR

51      Page 3, line 42, leave out ("demand") and insert ("need")

52      Page 4, line 2, leave out ("demand") and insert ("need")

BY THE LORD ARCHER OF SANDWELL

53      Page 4, line 3, at end insert (", and
(c)  where appropriate, co-operate with such other authorities, bodies and persons in providing services of the descriptions specified in subsection (1).")

BY THE LORD SIMON OF GLAISDALE

54*      Page 4, line 4, leave out subsection (5)

BY THE LORD KINGSLAND

55*      Page 4, line 4, after ("may") insert (", after consultation with the Law Society, the General Council of the Bar and such other providers of existing legal services as its proposals may affect,")

© Parliamentary copyright 1999
Prepared 19 January 1999