My Lords, I speak to Amendments 14 and 16, where my name is coupled with those of my noble friends Lord Thomas of Gresford, Lord Carlile of Berriew and Lord Macdonald of River Glaven—I am sure that the Committee will recognise that we are four hardened lawyers. I concur entirely with what has been said so far. There is no question but that the world we live in is more and more a legalised world, where law and politics are often hard to disentangle. Therefore, the need for absolute independence—not only actual independence, but perceived independence as well—must surely be to the benefit of all concerned, including the Government themselves, because if the director of legal aid casework is thought by the media to be in the pocket of the then Lord Chancellor, what good does that do anyone?
I shall add something that is a difficult point to make because I would not for one second wish any negative conclusions to be drawn vis-à-vis the Lord Chancellors whom we have had since the reform. As noble Lords will remember, in the late 1990s, holding that great post was made no longer the monopoly of a senior judge. I believe now, as I believed then, that there are some disadvantages attached to that constitutional change. I believe that it is possible to conceive of a Lord Chancellor who is not in all truth well equipped to deal with the issues implicit in this part of the Bill. That is another reason why I think that all the amendments in this group are to be supported, including Amendments 14 and 16.
I would also quickly add that Sir Bill Callaghan, who is chair of the Legal Services Commission, which is about to be abolished, has warned in very strong terms against there being any possibility of political influence on the difficult decisions that the director of legal aid casework is bound to have to take as time goes by. I think that we should listen to what that gentleman, who has been through this mill, is saying. It is a point of view supported not just by the Joint Committee on Human Rights but also strongly by my professional body, the Law Society, and, indeed, I think, by anyone else who has taken the trouble to consider this matter.
I end by briefly sketching out the purport of Amendments 14 and 16. Amendment 14 explicitly requires the Lord Chancellor to make available independent assistance to the director of legal aid casework in the work that he or she has to do, and Amendment 16 stipulates that the Lord Chancellor not only cannot give binding directions or guidance on individual cases but cannot do that in relation to arms of the state. The amendment makes it clear that there cannot be any direction or guidance in relation to, "““the Crown, Government department, executive agency or non-departmental public body””,"
where any of those is a party.
I will rest my case at that, except to say that, having reviewed the Bill and the amendments down tonight—and we may want to look at this again on Report—I really wonder whether it is wise in these circumstances to allow the Lord Chancellor to direct the director of legal aid casework as to how he or she shall carry out his or her function other than in respect of a specific case. As far as I can see, although the directions to be given by the Lord Chancellor have to be published, they are not subject to any oversight by this place. In the extremely sensitive world of law, prosecution and legal aid, that power of direction seems dangerous. I hope that my noble friend will take all these amendments to heart and come back to us at the next stage with a concession that deals with the central issue.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Phillips of Sudbury
(Liberal Democrat)
in the House of Lords on Tuesday, 10 January 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
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Proceeding contribution
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734 c87-8 
Session
2010-12
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2023-12-15 14:35:41 +0000
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