The issue that concerns me in Clause 4 is subsection (3). Under subsection (4): "““The Lord Chancellor may not give directions or guidance about the carrying out of … functions in relation to individual cases””."
That is fair enough, but he must, "““comply with directions given by the Lord Chancellor about the carrying out of””,"
his ““functions””, and he must, "““have regard to guidance given by the Lord Chancellor about the carrying out of””,"
his ““functions””.
What does that mean? Does it mean, for example, that the Lord Chancellor can phone the director or call him into his office and say, ““Now, look here, you’ve got far too many of these judicial reviews going through in relation to government business. I am not telling you about any particular case, so I am complying with subsection (4). But when it comes to subsection (3), would you please bear in mind that my guidance is that we have got too many of these cases? The judges are complaining. The lists are full.””? What exactly is intended by Clause 4(3)?
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Thomas of Gresford
(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 c89 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
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