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

back to previous amendments
 
  
After Clause 5
 
  
BY THE LORD KINGSLAND
 
56*     Insert the following new Clause-- 
     (  . Nothing in this Act shall prevent there continuing to exist an independent solicitors' profession and an independent Bar.")Independence of solicitors and barristers.
  
Clause 6
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
57     Page 4, line 12, leave out (appropriate") and insert (necessary") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
58     Page 4, line 12, after (appropriate") insert (, having regard to the information gathered under section 5(4),") 
  
BY THE LORD KINGSLAND
 
59*     Page 4, line 12, after first (the") insert (work of the Commission and the") 
  
BY THE LORD SIMON OF GLAISDALE
 
60*     Page 4, line 13, leave out from (Service") to end of line 16 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
61     Page 4, line 15, leave out (and may impose conditions on the payment of the sums") 
  
BY THE LORD ARCHER OF SANDWELL
 
62     Page 4, line 20, at end insert--
 
    ((  )  Every local authority in England and Wales shall secure the provision of such services of the descriptions specified in section 5(1) as the Lord Chancellor may by regulations specify.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
63*     Page 4, line 21, leave out subsection (4) 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
64     Page 4, line 21, leave out (Directions given") and insert (Regulations made") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
65     Page 4, line 21, leave out from beginning to (impose") and insert (The Lord Chancellor may by order") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
66    Page 4, line 24, at end insert-- 
((  )  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 PHILLIPS OF SUDBURY
THE LORD GOODHART
THE LORD SIMON OF GLAISDALE
 
67     Page 4, line 25, leave out subsection (5) 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
68     Page 4, line 26, after (obtain") insert (good quality services for those using them and, subject to that,") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
 
69     Page 4, line 26, at end insert (consistent with the interests of justice") 
  
Clause 7
 
  
BY THE LORD SIMON OF GLAISDALE
 
70*     Page 4, line 27, leave out subsection (1) 
  
BY THE LORD ARCHER OF SANDWELL
 
71     Page 4, line 27, after (shall") insert (have particular regard to the priorities set out in subsections (1A) and (1B).
 
    (1A)  Subject to subsection (5), the Commission shall afford priority to advice and representation in cases concerning--
    (a)  entitlement to welfare benefits;
    (b)  any dispute arising out of or in connection with a contract of employment;
    (c)  homelessness, access to housing, possession proceedings, housing disregard, harassment or unlawful eviction;
    (d)  the enforcement of judgment debts;
    (e)  immigration, asylum or nationality; or
    (f)  such other matters as are specified in regulations.
    (1B)  Subject to subsection (5), the Commission shall afford priority for advice, assistance and representation in cases--
    (a)  likely to give rise to substantial benefits for a significant number of people other than the parties;
    (b)  which raise an important issue of law or point of principle;
    (c)  concerned with protection from violence;
    (d)  relating to the welfare of children;
    (e)  concerning the welfare of a person under a disability;
    (f)  relating to the care of a child; or
    (g)  concerning the provision of a child's education, including admission and exclusion proceedings.
    (1C)  Subject to subsections (1) and (1A), the Commission shall")
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
72     Page 4, line 27, after (set") insert (, and may from time to time vary,") 
73     Page 4, line 28, leave out from (Service") to end of line 30 
  
BY THE LORD ARCHER OF SANDWELL
 
74     Page 4, line 29, leave out (directions given by the Lord Chancellor") and insert (regulations") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
75     Page 4, line 29, leave out (directions given by the Lord Chancellor") and insert (requirement made in regulations") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
76     Page 4, line 30, at end insert (, having regard to the information gathered under section 5(4)") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
 
77     Page 4, line 30, at end insert--
 
    ((  )  In funding services as part of the Community Legal Service, the Commission shall aim to obtain the best long term value for money on the basis that all persons and bodies applying for funding who meet the standards set by the Commission shall be able to provide services for individuals under this Part of this Act on terms as to remuneration and otherwise, set by the Commission after consultation with the applicants, which are broadly fair.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
78*     Page 4, line 31, leave out subsection (2) 
  
BY THE LORD KINGSLAND
 
79     Page 4, line 40, leave out (or loans") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
80     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
 
81*     Page 5, line 3, 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 SIMON OF GLAISDALE
 
82*     Page 5, line 4, leave out subsection (4) 
  
BY THE LORD CLINTON-DAVIS
 
83*     Page 5, line 4, after (may") insert (, after considering the advice given by the consumers' committees,") 
  
BY THE LORD MACKAY OF CLASHFERN
 
84     Page 5, line 6, leave out (areas") and insert (communities") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
85     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 ARCHER OF SANDWELL
 
86     Page 5, line 10, at beginning insert (Subject to subsection (6A) below,") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
87     Page 5, line 10, after (may") insert ((except as provided by subsection (6A) below)") 
  
BY THE LORD ARCHER OF SANDWELL
 
88     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 or defending any proceedings for negligence where the alleged damage is to the person unless the Lord Chancellor, before laying a draft of the regulations before Parliament--
    (a)  has consulted persons appearing to him representative of providers and consumers of the services in question and of providers (or potential providers) of insurance in relation to the expense of providing those services; and
    (b)  is satisfied that adequate arrangements are in place for the whole of England and Wales for the funding of those services other than as part of the Community Legal Service.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
89     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.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
90*     Page 5, line 12, leave out subsection (7) 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
91     Page 5, line 14, after (2") insert (or (Community Legal Service)") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
92     Page 5, line 14, at end insert--
 
    ((8)  A decision of the Commission to set or vary any priorities under subsection (1) shall not have effect unless approved by order made by the Lord Chancellor.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
93     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
 
94     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 General Council of the Bar, 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
 
95     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,
    (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
 
96     Page 53, leave out lines 33 and 34 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
97     Page 53, leave out lines 36 and 37 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
98     Page 53, line 36, leave out from (property") to end of line 37 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
99     Page 53, line 37, at end insert (or in those cases specified in Schedule (Community Legal Service),") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
100     Page 54, line 28, at end insert--
    ((  )  proceedings before industrial tribunals,
    (  )  proceedings before appeal tribunals constituted under the Social Security Act 1998,")
 
101     Page 54, line 28, at end insert--
    ((  )  proceedings before the Immigration Appellate Authorities,")
 
102     Page 54, line 28, at end insert--
 
    ((  )  proceedings before the Discretionary Lifer Panels,")
 
  
BY THE LORD ARCHER OF SANDWELL
 
103     Page 54, line 30, after (Tribunals") insert--
    ((  )  proceedings before an Adjudicator, Special Adjudicator or the Immigration Appeals Tribunal,")
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
104     Page 54, line 32, at end insert (and
    (  )  proceedings before Social Security Commissioners.")
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
105     Page 54, line 32, at end insert--
    ((i) proceedings in coroners' inquests into death, and
    (j) public and judicial inquiries")
 
  
BY THE LORD ARCHER OF SANDWELL
 
106     Page 55, line 5, at end insert (, and
    (  )  proceedings on a complaint under the Environmental Protection Act 1990.")
 
 
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Prepared 19 January 1999