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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 Amendments to the Access to Justice Bill [H.L.] to be moved in Committee in the House of Lords.

  
Before Clause 1
 
  
BY THE LORD LLOYD OF BERWICK
 
     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 (No. 2).
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     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 KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     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
 
     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
 
     Page 2, line 4, at beginning insert ("Subject to subsection (4A),") 
  
Schedule 1
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 52, line 27, at end insert--
 
    ("(  )  The Commission shall publish the plan submitted to the Lord Chancellor.")
 
  
BY THE LORD KINGSLAND
 
     Page 52, line 28, leave out from beginning to ("shall") and insert ("The Lord Chancellor") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 52, line 28, leave out ("require the Commission to publish it and shall") 
  
BY THE LORD KINGSLAND
 
     Page 52, line 30, after ("shall") insert ("make his reasons public and")  
  
Clause 3
 
  
BY THE LORD KINGSLAND
 
     Page 2, line 42, after ("Chancellor") insert (", whether at his request or not,") 
     Page 2, line 43, at end insert ("which it shall make public") 
  
Clause 4
 
  
BY THE LORD KINGSLAND
 
     Page 3, line 15, at end insert ("or group actions") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     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.")
 
  
After Clause 4
 
  
BY THE LORD KINGSLAND
 
     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 Services and Criminal Defence Service Review Body.
  
Clause 5
 
  
BY THE LORD KINGSLAND
 
     Page 3, line 38, after ("itself") insert ("and the public") 
  
Clause 6
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
    ("(  )  Where, in an individual case funded as part of the Community Legal Service, particular services are provided by a person offering specialist advice and assistance on a referral basis or specialist advocacy, regulations shall require that person's remuneration to be quantified and paid separately from other items in the case.") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 4, line 26, after ("obtain") insert ("good quality services for those using them and, subject to that") 
  
Clause 7
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 4, line 29, leave out ("directions given by the Lord Chancellor") and insert ("requirement made in regulations") 
  
BY THE LORD KINGSLAND
 
     Page 4, line 40, leave out ("or loans") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 4, line 40, after ("bodies") insert ("(which may include non-profit-making bodies maintaining a contingency legal aid fund or similar arrangement)") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 5, line 7, at end insert--
 
("provided that the Commission shall not make different provision for representation in any description of case in different areas of England and Wales.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 5, line 10, after ("may") insert ("(except as provided by subsection (6A) below)") 
     Page 5, line 11, at end insert--
 
    ("(6A) No amendment may be made by regulations under subsection (6) adding to that Schedule services consisting of the provision of help in bringing any proceedings where the alleged damage is to the person.")
 
     Page 5, line 14, at end insert--
 
    ("(8)  The Commission shall keep under review whether, in relation to each category of case for which it funds services as part of the Community Legal Service, the interests of justice require particular kinds of services to be provided by way of specialist advice or assistance offered on a referral basis or specialist advocacy; and if so, shall ensure that the arrangements made for providing, or facilitating the provision of, funded services for that category of case include appropriate provision.")
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 5, line 14, at end insert--
 
    ("(  )  Where services are funded in accordance with subsection (3)(b), payment shall be made in accordance with regulations made by the Lord Chancellor after consultation with the Law Society and the Bar Council, and in making such regulations the Lord Chancellor shall have regard to the principle of providing fair and reasonable remuneration.")
 
  
After Clause 7
 
  
BY THE LORD KINGSLAND
 
     Insert the following new Clause-- 
     (".--(1)  The objective of the Commission in entering into contracts shall be to provide the greatest possible choice of good quality legal services for those using the services of the Community Legal Service.
 
    (2)  In entering into contracts the Commission shall--
    (a)  contract with every supplier who meets appropriate quality criteria and who wishes to provide services under the Community Legal Service,
    (b)  offer each contractor a contract for at least the same number of cases as they undertook in the year preceding the year of contracts,
    (c)  not set a minimum level for the number of cases for which it is willing to contract,
    (d)  provide in each contract for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and
    (e)  define in each contract the number of hours' work, or number of cases, to be undertaken for the contract sum.")
Contracts for provision of services.
  
Schedule 2
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 54, line 28, at end insert--
    ("(  )  proceedings before the Immigration Appellate Authorities")
 
     Page 54, line 28, at end insert--
 
    ("(  )  proceedings before the Discretionary Lifer Panels")
 
  
Clause 8
 
  
BY THE LORD KINGSLAND
 
     Page 5, line 15, leave out ("only") 
     Page 5, line 17, at end insert ("and may also fund services for others as appropriate") 
 
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Prepared 18 January 1999