Criminal Defence Service Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 to 4. Amendments Nos. 1 to 3 relate to the appeals and review mechanism that forms an integral part of the scheme being introduced under this Bill. The Government fully agree that there should be a right of appeal to the court where the defendant believes the interests of justice test has been wrongly applied. However, the Government have strongly argued that, where the defendant complains about miscalculation or error in the determination of the means test, an administrative review of the application, not an appeal to the court, was the appropriate mechanism to adopt. Members of your Lordships’ House expressed their disquiet at this element of government policy, and tabled amendments to provide for an appeal to the court not only in relation to the interests of justice test, but to the financial eligibility test. Subsequently, the Government tabled amendments in the House of Commons, as I said they would, to reverse the effect of these amendments, so restoring the Government’s original policy. However, during debates in the other place, the Government have become increasingly sensitive to arguments that determination of the means test might, in some limited cases, give rise to more fundamental issues that go beyond mere concerns about a possible miscalculation. Having listened carefully to these arguments and reflected on the comments made by the noble Lord, Lord Goodhart, in particular, the Government agreed to accept the amendment tabled by the noble Lord’s honourable friend Mr David Heath in the other place. This provides the Legal Services Commission with an additional power to refer an issue raised by determination of the means test to the High Court. The Government have taken the considered view that this amendment is a sensible and practical compromise, given the concerns expressed in your Lordships’ House about debates on this issue. This outcome has proved satisfactory to those in another place, and I hope that your Lordships will now feel able to adopt the same view. Amendment No 4 removes the privilege amendment inserted by your Lordships’ House to ensure the maintenance by the Commons of control over public funds. Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 4.—(Baroness Ashton of Upholland.)