Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, as has been said several times, the Government's intention is to retain legal aid for most judicial review cases, given the important role of this procedure in holding public authorities to account. Responding to concerns raised in Committee, not least by my noble friend Lord Carlile of Berriew, Amendment 48 puts beyond doubt that legal aid will be available for any judicial review concerning death, personal injury, damage to property and Criminal Injuries Compensation Authority payments. Secondly, the amendment disapplies exclusions which prevent tort claims generally being funded under the Bill, so that where a claim for damages is made in the context of a judicial review, the grant of legal aid would cover the work associated with the damages aspect of the claim. Where a damages claim is brought separately from judicial review proceedings, legal aid would not be available unless the claim concerned abuse of a child or vulnerable adult, an abuse of a position of power, a significant human rights breach by a public authority or a sexual assault. That is again in accordance with our intention to focus limited resources on the highest priority cases. Amendments 81 to 85 make it clear that the exclusions in paragraphs 2 to 5 and 8 of Part 2 of Schedule 1 are intended to exclude a claim in tort in respect of the matters set out in those paragraphs. I hope that that clarifies the position. There was a lack of clarity before, and I hope that the amendments address that. I beg to move. Amendment 48 agreed. Amendment 49 Moved by