UK Parliament / Open data

Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, I thought I detected in the last few sentences the possibility of some movement in this area, but despite that the final sentence was a killer. I am very disappointed with my noble friend’s response to what I considered to be an overwhelming case. If you cannot get legal aid for the Second-tier Tribunal, the Court of Appeal and above, as of right, we really are in a very parlous position. I assure my noble friend that I shall press him on these matters in the future. I thank all noble Lords for their participation in this debate and say to your Lordships that the state in Amendment 2 is widely defined to include local authorities, government organisations and so on. That is quite well understood when we deal with the concept of equality of arms. While I listened to my noble friend’s summing up, I was reminded of the one person I know quite well who appeared as a litigant in person in the Divisional Court and won—my noble friend Lady Walmsley. The authority concerned went to appeal, where she was represented by a leading counsel, who is now a High Court judge, and by my son, who is a Queen’s Counsel in his own right, and lost. Fortunately her costs were all paid by the authority concerned. It takes an exceptional person to be able to take a case before a judge as a litigant in person and argue it through. The Government have underestimated just how exceptional that person has to be. For the moment, and subject to what I shall say at a later date, I beg leave to withdraw this amendment. Amendment 2 withdrawn. Committee stage to begin again not before 8.35 pm. Moved by
Type
Proceeding contribution
Reference
733 c1734 
Session
2010-12
Chamber / Committee
House of Lords chamber
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