Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, as the noble Lord said, the amendment would omit subsection (3) from Clause 16. This provides a power for the Lord Chancellor to use secondary legislation to add to or vary the list of factors in subsection (2). The Access to Justice Act also contains such a power at paragraph 5(3) of Schedule 3 to that Act. Any order made under Clause 16(3) would be subject to the affirmative procedure. The factors in the interests of justice test broadly reflect the requirements of the European Convention on Human Rights, which, at Article 6(3)(c), provides expressly for a right for a person, "““to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require””." We see no reason now to depart from the principle established in current primary legislation that it is appropriate to provide a power for the Lord Chancellor to use secondary legislation to add to or vary the list of factors in subsection (2). This allows for the flexibility to react to any developments in relation to factors relevant to the interests of justice requirement. As I have said and as the noble Lord asked, these would be subject to the affirmative procedure. I therefore urge the noble Lord to withdraw the amendment.