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Baroness Anelay of St Johns: My Lords, since the amendments were tabled by my noble friend Lord Hunt of Wirral, it is perhaps appropriate that I should respond first and make clear that although there was of course some disappointment that the Government were going to overturn our position on judicial fees in Amendment No. 11, we have made our view sufficiently clear on previous occasions and it would not be appropriate to press the matter further. At the same time, I would welcome Amendment No. 10, which properly reflects our objective in tabling the amendments on access which this House passed in a Division. We accept the point made by the Minister, Mr Leslie, in another place that our Amendment No. 9, which the Government overturned, was too narrowly drafted and was in the wrong place. I therefore welcome the Government's new amendment.

On Question, Motion agreed to.

COMMONS AMENDMENTS

12Clause 95, page 46, line 42, at end insert— "( ) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.

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    ( ) After subsection (1) insert—


    "(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale."


    ( ) In subsection (2)(b), after "may impose" insert "and how it should be paid"."


13After Clause 95, Insert the following new Clause— "Recovery of fines etc. by deductions from income support: failure to provide information


    (1) Amend section 24 of the Criminal Justice Act 1991 (c. 53) (power to make regulations about recovery of fines etc. by deductions from income support) as follows.


    (2) In subsection (2), after paragraph (a) insert—


(aa) provision that the court may require the offender to provide prescribed information in connection with an application;". (3) After subsection (2) insert—


    "(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.


    (2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—


(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact. (2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale."


14After Clause 95, Insert the following new Clause— "Collection of fines and discharge of fines by unpaid work


    (1) Schedule (Collection of fines) contains provisions about the collection of fines.


    (2) Schedule (Discharge of fines by unpaid work) contains provisions about the discharge of fines by means of unpaid work.


    (3) Subsections (4) to (9) apply in relation to each of those Schedules.


    (4) The Schedule is to have effect only in accordance with—


(a) subsections (5) and (6) (pilot schemes), or
(b) subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots). (5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.


    (6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.


    (7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—


(a) in all local justice areas, and
(b) indefinitely. (8) "The relevant period" means—


(a) if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;
(b) if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.

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(9) An order under subsection (7) may make such amendments of—


(a) the Schedule, and
(b) any other enactments, as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes)."

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 12 to 14.

Moved, That the House do agree with the Commons in their Amendments Nos. 12 to 14—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENT

15Clause 101, page 55, line 23, leave out subsection (3) and insert— "(3) For subsection (1) substitute—


    "(1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Supreme Court a person who is—


(a) a solicitor of the Supreme Court of at least 7 years' standing, or
(b) a member of the Bar of Northern Ireland of at least 7 years' standing.""

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 15. The amendment was tabled in Committee in the Commons by the honourable Member for Surrey Heath and was withdrawn for technical reasons. It was subsequently tabled again on Report in the Commons, during which it was welcomed. The amendment would allow barristers as well as solicitors to be appointed as the Official Solicitor of Northern Ireland and would bring the eligibility criteria for that post in line with those for the Official Solicitor in England and Wales. For those reasons, we are happy to support the amendment as proposed, but subsequently developed.

Moved, That the House do agree with the Commons in their Amendment No. 15.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

16Clause 105, page 57, leave out lines 19 and 20
17Clause 106, page 58, line 11, leave out paragraph (c)
18Page 58, line 18, at end insert—
"( ) an order under section (Collection of fines and discharge of fines by unpaid work)(7) to (9) (power to make permanent provision about collection of fines and discharge of fines by unpaid work);"

Lord Filkin: My Lords, I beg to move that that the House do agree with the Commons in their Amendments Nos. 16 to 18.

Moved, That the House do agree with the Commons in their Amendments Nos. 16 to 18.—(Lord Filkin.)

On Question, Motion agreed to.

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COMMONS AMENDMENT

19Clause 107, page 58, line 39, at end insert— "( ) Schedule (Transitional provisions and savings) contains transitional provisions and savings."

Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 19. I shall speak also to Amendments Nos. 20, 27, 29 and 30 to Clause 107 and Schedules 7 and 8, with the introduction of a new schedule for transitional provisions and savings. I shall not go into the detail of the amendments. They are all minor, technical and consequential amendments, though I would be happy to elaborate further should the House wish me to do so.

Amendment No. 29 would introduce a schedule that includes a provision in the statute that local justice areas introduced in the Bill have the same boundaries as petty sessions areas. That meets a commitment made during the passage of the Bill through this House.

Moved, That the House do agree with the Commons in their Amendment No. 19.—(Lord Filkin.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

20Clause 110, page 59, line 28, leave out subsection (2)
21Schedule 1, page 60, line 9, leave out "who are" and insert ", each of whom is"
22Schedule 3, page 66, line 1, leave out Schedule 3
23After Schedule 5, Insert the following new Schedule— "Collection of fines


    Part 1


    Introductory

Application of Schedule

1 (1) This Schedule applies if a person aged 18 or over ("P") is liable to pay a sum which—
(a) consists of or includes a fine, and
(b) is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.
(2) In sub-paragraph (1)(a) "fine" does not include any pecuniary forfeiture or pecuniary compensation payable on conviction.
Meaning of "the sum due"

2 In this Schedule "the sum due" means the sum adjudged to be paid as mentioned in paragraph 1(1).
Meaning of "existing defaulter" etc.

3 (1) For the purposes of this Schedule, P is an existing defaulter if it is shown that—
(a) he was required to pay the sum due immediately but failed to do so,
(b) the sum due or any other sum is registered for enforcement against him as a fine under—
(i) section 71 of the Road Traffic Offenders Act 1988 (c. 53),
(ii) section 9 of the Criminal Justice and Police Act 2001 (c. 16), or
(iii) any other enactment specified in fines collection regulations,
(c) he is in default on a collection order in respect of another sum falling within paragraph 1(1), or
(d) he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.

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(2) For the purposes of this Schedule, P's existing default can be disregarded only if he shows that there was an adequate reason for it.
(3) Sub-paragraph (2) is subject to sub-paragraph (4).
(4) Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P's existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
(5) In sub-paragraph (1)(a) "immediately" means, where P is informed of his liability to pay the sum due in a notice, within the period specified in the notice.
(6) The period so specified must be a period which—
(a) is not longer than 10 working days, and
(b) begins with the date of the notice.
(7) "Collection order" means an order made under Part 4 of this Schedule. Part 2


    Immediate payment of fines: discounts


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