Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 8
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 5, line 15, at beginning insert ("Subject to subsection (4),") 
     Page 5, line 22, at end insert--
 
    ("(4)  Nothing in the regulations shall preclude the provision of an initial free interview of a diagnostic nature lasting no longer than one hour.")
 
  
Clause 9
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 6, line 1, after ("may") insert ("by order") 
     Page 6, line 2, leave out ("by directions given by him under section 4") 
     Page 6, line 21, after ("by") insert ("order made by") 
     Page 6, line 23, leave out subsection (9) 
  
Clause 10
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 6, line 33, after ("individual") insert (", other than a person who is in receipt of any means-tested benefit,") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 7, line 1, at end insert--
 
    ("(  )  The regulations shall not require any payment from a person whose capital resources are such that they would be eligible for income support.")
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     Page 7, line 40, at end insert--
 
    ("(  ) The regulations shall provide that in any proceedings where a costs order is made in favour of any individual who has agreed to make a payment under subsection (2)(c), the costs payable to him shall include costs in respect of any payment he has agreed to make.")
 
  
Clause 11
 
  
BY THE LORD CHANCELLOR
 
     Page 7, line 41, at beginning insert--
 
    ("(1)  Where services relating to a dispute have been funded by the Commission for an individual as part of the Community Legal Service, his liability under an order for costs made against him in proceedings relating to the dispute shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including--
    (a)  the financial resources of all the parties to the proceedings, and
    (b)  their conduct in connection with the dispute;
and, in assessing the financial resources of an individual for whom such services have been so funded, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.
 
    (1A)  Subject to that,")
 
     Page 7, line 45, leave out ("limiting the amount of") and insert ("specifying the principles to be applied in determining the amount of any") 
  
After Clause 11
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     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.
  
Clause 12
 
  
BY THE LORD ACKNER
 
     Page 8, line 19, leave out ("involved") and insert ("suspected or accused") 
     Page 8, line 21, leave out subsection (2) 
     Page 8, line 36, leave out from ("court,") to end of line 37 
     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
 
     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
 
     Page 8, line 44, leave out ("it considers appropriate") and insert ("are necessary in the interests of justice") 
     Page 9, line 5, leave out ("or bodies") 
     Page 9, leave out lines 11 and 12 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 9, line 13, leave out ("or loans") 
  
BY THE LORD ACKNER
 
     Page 9, line 15, leave out from ("assistance") to end of line 17 
     Page 9, leave out line 19 
  
Clause 14
 
  
BY THE LORD ACKNER
 
     Page 9, leave out lines 35 and 36 
     Page 9, line 39, leave out from ("representation") to end of line 41 
     Page 9, leave out line 43 
     Page 10, line 7, leave out subsection (6) 
     Page 10, line 8, leave out ("of prescribed descriptions") and insert ("where the rules relating to the examination of witnesses so require") 
     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
 
     Page 55, line 27, at end insert (", including bail proceedings") 
     Page 56, leave out lines 3 to 21 
     Page 56, line 30, after ("be") insert ("included amongst those") 
  
Clause 15
 
  
BY THE LORD ACKNER
 
     Page 10, line, 35, at end insert--
 
    ("(  ) Such provision shall include provisions 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.")
 
  
Clause 16
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 10, line 41, leave out ("(and the individual is not acquitted)") 
 
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Prepared 15 January 1999