Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, I am grateful to all those who have spoken in the debate for their contributions and, indeed, to the Minister. I will not press the amendment to a vote. Even if the noble and learned Lord were disposed to accept the thrust of the amendment, legislation is not required to achieve its objectives. Nevertheless, it is somewhat disappointing that the objective of maintaining the supply of expert evidence is not apparently on the Government's agenda. It is one thing to arrange for an organisation—at present it is the Legal Services Commission—to determine fee levels on what looks to be a fairly crude and arbitrary basis. It is clear that neither the Lord Chancellor nor his department decides who should be included on any panel of approved experts. However, the Government are not even encouraging the formation of such panels comprising members of professional organisations who could evaluate whether a person was a competent specialist in his own field and was able to act as an expert witness. The latter is a different role. It is not necessarily the same as being an expert surgeon, psychiatrist or whatever. Giving evidence in the context of litigation is an additional skill which not everybody has or aspires to have, although the matter could be delegated. However, if the Government simply stand aside, as appears to be the case, it is not at all clear how the supply of relevant expert evidence can be secured. This is a matter that will have to be returned to in the light of not only the financial aspects, which are clearly threatening to reduce the availability of witnesses with relevant experience and expertise, but the choice that is available to parties and courts. It is certainly necessary to be economical in these matters—that is absolutely accepted—but the danger is that we will end up with the worst of all possible worlds, with a reduced supply of people. That would damage the judicial process and sometimes the interests of, as the noble Lord, Lord Thomas, pointed out, vulnerable people—whether they are children or others—particularly, although not exclusively, in family matters, as the noble Lord, Lord Faulks, rightly reminded us. Although I will seek leave to withdraw the amendment, this topic will not go away. It is one to which the courts, professional bodies and ultimately the Department of Health in the context of medical evidence—and perhaps departments in other areas, including that of the Lord Chancellor, who has responsibility for the judicial system as a whole—will have to revert at some point. However, I beg leave to withdraw the amendment. Amendment 7 withdrawn. Amendment 7A Moved by