I am very grateful for the support and experience of the noble and learned Baroness, Lady Scotland. As a distinguished former family practitioner she knows exactly what I have been talking about. There are only two former family judges in the Chamber at the moment: the noble Lord, Lord Elystan-Morgan, and me. He has just indicated that he agrees with me, in particular that a judge could not protect a child where the father or mother had the right of cross-examination in order to put his or her case. That is the problem. It is rare. Therefore, dealing with it would be very inexpensive. It might happen once or twice a year at most, and the judge would be required to certify the case. Judges will be well aware that legal aid is not to be easily given. They will be well aware that to certify a case would be very unusual. However, the situation exists and children require protection. I am grateful to the Minister for saying that he will at least take away the matter and think about it. No doubt he, and all of us, should have great respect for his advisers, but they do not understand the rights of defendants quite as well as those of victims. For the moment, I beg leave to withdraw the amendment.
Amendment 47 withdrawn.
Amendments 48 to 52 not moved.
Amendment 53
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Baroness Butler-Sloss
(Crossbench)
in the House of Lords on Wednesday, 18 January 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
734 c607 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2023-12-15 14:55:22 +0000
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