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

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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 Third 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-

Clauses 12 to 14
Schedule 3
Clauses 15 to 22
Schedule 4
Clauses 23 to 35
Schedule 5
Clauses 36 to 37
Schedule 6
Clauses 38 to 51
Schedule 7
     Clause 52
Schedule 8
Clause 53 to 61
Schedule 9
Clauses 62 to 75
Schedule 10
Clauses 76
Schedule 11
Clauses 77 to 80

[Amendments marked * are new or have been altered]

Amendment No.

Clause 12

BY THE LORD KINGSLAND
THE LORD WINDLESHAM

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
THE LORD WINDLESHAM

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
THE LORD WINDLESHAM

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
THE LORD WINDLESHAM

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.")

Clause 16

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

186      Page 10, line 41, leave out ("(and the individual is not acquitted)")

Clause 17

BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY

187      Page 11, line 22, after ("to") insert ("provide the greatest possible choice of good quality legal services for those requiring its services, and subject to that to")

BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART

188      Page 11, line 22, at end insert ("consistent with the interests of justice")

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

189      Page 11, line 22, at end insert ("consistent with the interests of justice and the purpose mentioned in section 12(1)")

BY THE LORD ACKNER

190      Page 11, line 22, at end insert (", but shall always treat the interests of justice as paramount")

After Clause 17

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

191      Insert the following new Clause--

    (". A person or body providing an individual with advice and assistance funded as part of the Criminal Defence Service shall consider whether, in that individual's case, the interests of justice require any advice or assistance to be provided by way of specialist legal services offered on a referral basis; and if so, shall make appropriate arrangements.") Advice and assistance in cases funded by Criminal Defence Service.

BY THE LORD KINGSLAND

192      Insert the following new Clause--

    (".--(1)  There shall be a body known as the 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 Criminal Defence Service; and

(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.") Criminal Defence Service Review Body.

Clause 18

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

193      Page 11, line 31, leave out ("directions given by him under section 4") and insert ("order")

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

194      Page 11, line 31, leave out ("directions given") and insert ("regulations made")

195      Page 11, line 34, leave out ("specified by the directions") and insert ("prescribed")

BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

196      Page 11, line 34, leave out ("directions") and insert ("order")

BY THE LORD ACKNER

     The Lord Ackner gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill.

After Clause 18

BY THE LORD ACKNER

197      Insert the following new Clause--

    ("  .  In exercising his powers (including the power to make regulations) under sections 12 to 21 the Lord Chancellor shall treat the interests of justice as paramount.") Interests of justice to be paramount.

© Parliamentary copyright 1999
Prepared 26 January 1999