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

Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords - continued	House of Lords
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	After Clause 11
	BY THE LORD LESTER OF HERNE HILL THE LORD GOODHART
142	Insert the following new Clause--
	("The Public Interest Litigation Fund
	.--(1) The Commission shall establish and maintain a fund known as the Public Interest Litigation Fund. (2) The Lord Chancellor-- (a) shall pay to the Commission the sums which he determines as appropriate for the funding of services by the Commission out of the Public Interest Litigation Fund, and (b) may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums. (3) The purpose of the Public Interest Litigation Fund shall be to finance the provision of services of any of the kinds specified in section 5(1) to a person who is or may become a party to legal proceedings if the conditions in subsection (4) are satisfied and the Commission thinks it appropriate to finance the provision of those services. (4) The conditions referred to in subsection (3) are-- (a) that the proceedings give rise to an issue of substantial public importance, (b) that the person seeking the services is not entitled to have those services funded out of the Community Legal Service Fund or as part of the Criminal Defence Service, and (c) that neither the person seeking the services nor any other person having a similar interest in the proceedings can reasonably be expected to pay for such services out of his own financial resources or resources which may be made available for that purpose from another source. (5) Regulations may be made for the implementation of this section. (6) In this section "proceedings" include prospective proceedings and any step in proceedings.")	Public Interest Litigation Fund.
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
143	Insert the following new Clause--
	("Conditional Legal Aid Fund
	.--(1) The Commission shall establish and maintain a fund known as the Conditional Legal Aid Fund. (2) The purpose of the Fund shall be to provide help in the conduct of legal proceedings by entering into conditional legal aid agreements. (3) For the purposes of this section a conditional legal aid agreement is an agreement between the Commission and a person providing advocacy or litigation services and his client which provides-- (a) for the costs of the client of the proceedings and any costs ordered to be paid by him to any other party to the proceedings to be paid out of the Fund; (b) for any costs of the proceedings recoverable by the client from any other party to the proceedings or from any other source to be paid to the Fund; and (c) for a further sum to be payable by the client to the Fund in specified circumstances. (4) A conditional legal aid agreement shall be enforceable. (5) For the purposes of the making of any order for payment of costs in the proceedings, the fact that any costs are being paid out of the Fund shall be disregarded. (6) Regulations may provide for-- (a) the categories of person with whom (as client) the Commission is authorised to enter into a conditional legal aid agreement; (b) the categories of proceedings in relation to which the Commission is authorised to enter into a conditional legal aid agreement; (c) the computation of any money payable under subsection (3)(c); (d) the administration of the Fund; and (e) such other matters as may be appropriate to ensure the effective functioning of the Fund. (7) The Lord Chancellor shall pay to the Commission such sums by way of loan or grant as he determines to be appropriate for establishing the Fund and may guarantee payment of any liabilities of the Fund. (8) Regulations under subsection (6) may provide that, with a view to ascertaining the demand for conditional legal aid agreements, they shall be entered into for a trial period only with persons resident in a specified part of England and Wales. (9) The Lord Chancellor may by order repeal this section and provide for the winding up of the Fund if, having regard to experience in the conduct of the Fund, he is satisfied that-- (a) there is insufficient demand for conditional legal aid agreements to justify the continuation of the Fund; or (b) the Fund is not, and is unlikely to become, financially self-supporting. (10) Any power under this section to make an order or regulation is exercisable by statutory instrument, and no order shall be made under subsection (9) unless a draft order has been laid before, and approved by resolution of, each House of Parliament.")	Conditional Legal Aid Fund.
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
144	Insert the following new Clause--
	(". A person or body providing an individual with services funded as part of the Community Legal Service shall consider whether, in that individual's case, the interests of justice require any part of those services to be provided by way of specialist advice and assistance offered on a referral basis or specialist advocacy; and if so, shall make appropriate arrangements.")	Advice and assistance in cases funded by Community Legal Service.
	Clause 12
	BY THE LORD KINGSLAND
145	Page 8, line 17, 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 ACKNER
146	Page 8, line 19, leave out ("involved") and insert ("suspected or accused")
147	Page 8, line 21, leave out subsection (2)
148	Page 8, line 36, leave out from ("court") to end of line 37
149	Page 8, line 43, at end insert-- ("( ) The Commission shall keep under review, or secure that others keep under review, the quality of service provided by all persons or bodies accredited under subsection (5); and the Commission shall withdraw accreditation, or secure that others withdraw accreditation, from any person or body who fails to provide a satisfactory quality of service.")
	After Clause 12
	BY THE LORD ACKNER
150	Insert the following new Clause--
	(" .--(1) The Commission shall issue a code of conduct ("the Defender's Code") for persons or bodies providing services as part of the Criminal Defence Service ("defenders"). (2) No defender shall be accredited under section 12(5) unless-- (a) where the defender is an employee of the Commission or an employee of a body funded by the Commission, the defender's contract of employment includes the Defender's Code; or (b) in any other case, the defender is bound by other professional rules of conduct which are as least as comprehensive and as stringent as the Defender's Code. (3) The Defender's Code shall include rules about-- (a) the defender's duty to the court; (b) the defender's duty to protect the interest of the individual concerned, including the defender's duty to decline or cease to act because the defender has insufficient skill, experience, competence or available time; (c) the defender's duty to avoid conflicts of interest and to act with independence, integrity and freedom from external pressures; (d) the defender's duty not to discriminate because of race, sex or other unjust reason; and (e) the defender's duty of confidentiality. (4) Before the Commission issues a Defender's Code, it shall prepare and publish a draft of that Code and consider any representations about the draft; and it may modify the draft accordingly. (5) Subject to subsection (4), the Commission shall submit the draft Defender's Code to the Lord Chancellor who shall lay it before both Houses of Parliament; and if the draft is approved by resolution of each House of Parliament, the Commission shall issue the Defender's Code in the form of the approved draft which shall come into force on such day as the Lord Chancellor shall by order appoint. (6) The Commission may from time to time revise the whole or any part of the Defender's Code and subsections (4) and (5) shall apply to any revised Code as they apply to the first draft.")	Code of conduct for defence service providers.
	Clause 13
	BY THE LORD ACKNER
151	Page 8, line 44, leave out ("it considers appropriate") and insert ("are necessary in the interests of justice")
152	Page 9, line 5, leave out ("or bodies")
153	Page 9, leave out lines 11 and 12
	BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY THE LORD KINGSLAND
154	Page 9, line 13, leave out ("or loans")
	BY THE LORD ARCHER OF SANDWELL THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
155	Page 9, leave out lines 15 to 17
	BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART THE LORD ACKNER
156	Page 9, line 15, leave out from beginning to second ("or")
	BY THE LORD ACKNER
157	Page 9, line 15, leave out from ("assistance") to end of line 17
	BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART
158	Page 9, line 17, at end insert ("except itself providing advice or assistance")
	BY THE LORD KINGSLAND
159	Page 9, line 17, at end insert (", or (h) making payments to persons or bodies in respect of advice or assistance by them, according to independently verifiable criteria defined within a graduated fee scheme.")
	BY THE LORD ACKNER
160	Page 9, leave out line 19
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
161	Page 9, line 20, at end insert-- ("( ) The Commission shall keep under review whether, in relation to each category of case in which it funds advice and assistance as part of the Criminal Defence Service, the interests of justice require particular kinds of advice or assistance to be provided by way of specialist legal services offered on a referral basis; and if so, shall ensure that the arrangements made to comply with the duty imposed by subsection (1) include appropriate provision.")
	Clause 14
	BY THE LORD ACKNER
162	Page 9, leave out lines 35 and 36
	BY THE LORD ARCHER OF SANDWELL THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
163	Page 9, leave out lines 39 to 41
	BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART THE LORD ACKNER
164	Page 9, line 39, leave out from beginning to ("or")
	BY THE LORD ACKNER
165	Page 9, line 39, leave out from ("representation") to end of line 41
	BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART
166	Page 9, line 41, at end insert ("except itself providing representation")
	BY THE LORD ACKNER
167	Page 9, leave out line 43
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
168	Page 10, line 1, at end insert-- ("( ) The Commission shall keep under review whether, in relation to each category of case in which an individual may be granted a right to representation in accordance with Schedule 3, the interests of justice require any advocacy to be conducted by a specialist advocate; and if so, shall ensure that the arrangements made to comply with the duty imposed by subsection (2) include appropriate provision.")
169	Page 10, line 1, at end insert-- ("( ) A person or body providing representation to which an individual has been granted a right in accordance with Schedule 3 shall consider whether, in that individual's case, the interests of justice require any advocacy to be conducted by a specialist advocate; and if so, shall make appropriate arrangements.")
	BY THE LORD ACKNER
170	Page 10, line 7, leave out subsection (6)
	BY THE LORD ARCHER OF SANDWELL THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
171	Page 10, line 8, leave out from ("(5)") to ("is") in line 10
	BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY
172	Page 10, line 8, leave out from ("(5)") to ("is") in line 14
	BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART
173	Page 10, line 8, leave out from ("to") to end of line 13 and insert ("include a right to select a representative who is not accredited to provide services of the kind required or who is not willing to provide such services on terms which are reasonable, having regard to the terms on which comparable services are provided by other persons or bodies,")
	BY THE LORD ACKNER
174	Page 10, line 8, leave out ("of prescribed descriptions") and insert ("where the rules relating to the examination of witnesses so require")
	BY THE LORD ARCHER OF SANDWELL THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
175	Page 10, line 10, leave out from first ("right") to ("is") in line 12
176	Page 10, line 12, leave out from ("right") to ("is") in line 14
177	Page 10, line 19, leave out subsection (7)
	BY THE LORD ACKNER
178	Page 10, line 19, leave out subsection (7) and insert-- ("(7) In cases where subsection (6)(a) applies, the court (as defined in paragraph 1(2) of Schedule 3) shall order how the Commission shall comply with the duty imposed by subsection (2).")
	Schedule 3
	BY THE LORD ACKNER
179	Page 55, line 27, at end insert (", including bail proceedings")
180	Page 56, leave out lines 3 to 21
181	Page 56, line 30, after ("be") insert ("included amongst those")
	Clause 15
	BY THE LORD PHILLIPS OF SUDBURY THE LORD GOODHART THE LORD KINGSLAND
182	Page 10, line 35, at end insert-- ("( ) Before making regulations for the purpose described in subsection (1), the Lord Chancellor shall consult the Law Society and the General Council of the Bar and shall have regard to the principle of fair and reasonable remuneration.")
	BY THE LORD ACKNER
183	Page 10, line, 35, at end insert-- ("( ) Such provision shall include provision for separately negotiated remuneration-- (a) for specialist advocates in any criminal proceedings where the court directs that the interests of justice require their services; and (b) for all representatives in any criminal proceedings where the court estimates that the length of the trial will exceed such number of days as may be prescribed.")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
184	Page 10, line 35, at end insert-- ("( ) Arrangements made for funding legal services provided as part of the Criminal Defence Service must respect the principle that such services are to be remunerated by payment of a reasonable amount, taking into account all the relevant circumstances of the case, for all work actually and reasonably done.")
185	Page 10, line 35, at end insert-- ("( ) Where, in an individual case funded as part of the Criminal Defence Service, advice and assistance or advocacy are provided by a person offering specialist legal services on a referral basis, regulations shall require that person's remuneration to be quantified and paid separately from other items in the case.")



© Parliamentary copyright 1999	Prepared 21 January 1999