Parliamentary search - Legal Aid, Sentencing and Punishment of Offenders Bill

Type

Parliamentary proceeding

Reference

735 c1781-851, 1865-92

Session

2010-12

Department

Ministry of Justice

Legislative stage

Report stage

Procedure

Government defeats
New clauses

Chamber / Committee

House of Lords chamber

Legal Aid, Sentencing and Punishment of Offenders Bill. As amended in committee.
Wednesday, 15 February 2012
Bills
House of Lords

Deposited Paper DEP2012-0450
Wednesday, 7 March 2012
Deposited papers
House of Lords

Legislative scrutiny: Legal Aid, Sentencing and Punishment of Offenders Bill. Human Rights Joint Select Committee twenty-second report with formal minutes and written evidence.
Tuesday, 13 December 2011
Parliamentary committees
House of Lords
House of Commons

Constitution Select Committee (HL) twenty-first report on Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Bill.
Wednesday, 16 November 2011
Parliamentary committees
House of Lords

Proceeding contributions

Baroness Doocey | 735 c1782 (Link to this contribution) This amendment is almost identical in scope to the one moved in the other place by the right honoura...

Baroness Doocey | 735 c1782-3 (Link to this contribution) The amendment concerns the proposals in the Bill to remove legal aid for appeals against official de...

Show all contributions (138)

Baroness Garden of Frognal | 735 c1782 (Link to this contribution) I apologise to my noble friend but it is very difficult to hear what she is saying. I invite noble L...

Baroness Doocey | 735 c1781-2 (Link to this contribution) 11: Schedule 1, page 125, line 5, at end insert— ““Social welfare law (1) Civil legal services provi...

Baroness Howe of Idlicote | 735 c1790-1 (Link to this contribution) My Lords, I agree with other speakers that during the passage of the Bill we have heard many heart-w...

Baroness Benjamin | 735 c1791-5 (Link to this contribution) My Lords, I have put my name to Amendment 46, which would maintain legal aid for all children. I tha...

Lord Howarth of Newport | 735 c1787-9 (Link to this contribution) My Lords, we have heard admirable and powerful speeches. The noble Lord, Lord Newton, said that he w...

Lord Alton of Liverpool | 735 c1789-90 (Link to this contribution) My Lords, I am a signatory to Amendment 12. I am very happy to support the sentiments expressed by t...

Lord Newton of Braintree | 735 c1783-5 (Link to this contribution) My Lords, my name is to the amendment, along with those of the noble Lords, Lord Pannick and Lord Ba...

Lord Carlile of Berriew | 735 c1785-7 (Link to this contribution) My Lords, in the background to the undoubted need to cut legal aid for economic reasons, it is undou...

Baroness Butler-Sloss | 735 c1881 (Link to this contribution) 41: Schedule 1, page 130, leave out lines 42 to 45 and insert— ““““abuse”” means any incident or rep...

Lord McNally | 735 c1881 (Link to this contribution) 40: Schedule 1, page 130, leave out lines 42 to 45 Amendment 40 agreed. Amendment 41 Moved by

Baroness Butler-Sloss | 735 c1881-2 (Link to this contribution) 43: Schedule 1, page 131, line 31, at end insert— ““( ) For the purposes of this paragraph, evidence...

Lord McNally | 735 c1881 (Link to this contribution) 42: Schedule 1, page 131, line 1, at end insert— ““““domestic violence”” means threatening behaviour...

Lord Wallace of Tankerness | 735 c1879-80 (Link to this contribution) My Lords, as she has indicated, the amendments moved and spoken to by the noble and learned Baroness...

Lord Beecham | 735 c1878-9 (Link to this contribution) My Lords, this amendment gives me a sense of déjà vu. More than 30 years ago, I acted for a father w...

Lord McNally | 735 c1880-1 (Link to this contribution) 37: Schedule 1, page 130, leave out line 11 and insert ““— (a) there has been, or is a risk of, dome...

Baroness Butler-Sloss | 735 c1882 (Link to this contribution) 45: Schedule 1, page 133, line 3, at end insert— ““Exceptional family proceedings (1) Civil legal se...

Baroness Butler-Sloss | 735 c1887 (Link to this contribution) 69: Schedule 1, page 138, line 20, at end insert— ““Victim of trafficking of people for exploitation...

Lord Wallace of Tankerness | 735 c1885-7 (Link to this contribution) 50: Schedule 1, page 136, line 12, leave out ““a removal direction”” and insert ““removal directions...

Baroness Hamwee | 735 c1888-9 (Link to this contribution) My name is to this amendment. The Minister in Committee referred to Clause 9 on exceptional case det...

Baroness Butler-Sloss | 735 c1887-8 (Link to this contribution) My Lords, I declare an interest as co-chairman of the human trafficking parliamentary group and as a...

Lord Bach | 735 c1889 (Link to this contribution) My Lords, we continue to support this theme of amendments. There were two in Committee moved by the ...

Lord Wallace of Tankerness | 735 c1890 (Link to this contribution) 70: Schedule 1, page 139, leave out line 20 and insert ““because I was the victim of domestic violen...

Baroness Butler-Sloss | 735 c1890 (Link to this contribution) I am very grateful to the noble and learned Lord for his very constructive and heart-warming words. ...

Lord Wallace of Tankerness | 735 c1890-1 (Link to this contribution) 73: Schedule 1, page 140, line 5, at end insert— ““Immigration: victims of domestic violence and res...

Lord Thomas of Gresford | 735 c1882 (Link to this contribution) 47: Schedule 1, page 135, line 31, at end insert— ““Best interests of patients 16A Civil legal servi...

Lord McNally | 735 c1883-4 (Link to this contribution) My Lords, the amendment seeks to insert a paragraph to provide legal aid for cases concerning whethe...

Baroness Butler-Sloss | 735 c1883 (Link to this contribution) My Lords, I supported the noble Lord, Lord Thomas of Gresford, in Committee, and I do so again now. ...

Lord Beecham | 735 c1883 (Link to this contribution) My Lords, I congratulated the noble Lord on moving this important amendment in Committee, where he r...

Lord Thomas of Gresford | 735 c1883 (Link to this contribution) My Lords, I moved this amendment in Committee. It is concerned with people who tragically are in a v...

Lord Wallace of Tankerness | 735 c1885 (Link to this contribution) 49: Schedule 1, page 136, line 4, leave out sub-paragraph (5) and insert— ““(5) The services describ...

Lord Wallace of Tankerness | 735 c1884-5 (Link to this contribution) My Lords, as has been said several times, the Government's intention is to retain legal aid for most...

Lord Wallace of Tankerness | 735 c1884 (Link to this contribution) 48: Schedule 1, page 135, line 38, leave out ““paragraph 15”” and insert ““paragraphs 1 to 5, 6, 8, ...

Lord Thomas of Gresford | 735 c1884 (Link to this contribution) My Lords, I am grateful to noble Lords who have spoken in support of the amendment. I am indeed disa...

Lord Wallace of Tankerness | 735 c1885 (Link to this contribution) My Lords, my noble friend Lord McNally has sent your Lordships details of a group of minor and techn...

Baroness Lister of Burtersett | 735 c1797 (Link to this contribution) I strongly support Amendments 21 and 46, which have been eloquently spoken to, particularly with reg...

Lord Low of Dalston | 735 c1795-7 (Link to this contribution) My Lords, I am not sure why we are discussing all these amendments in the same group as they seem to...

Bishop of Exeter | 735 c1799-801 (Link to this contribution) My Lords, I speak as the father of a daughter with Down's syndrome, who over the years has had to fa...

Baroness Eaton | 735 c1798-9 (Link to this contribution) My Lords, I speak in support of Amendment 46. As noble Lords know, this amendment seeks to protect a...

Viscount Slim | 735 c1802 (Link to this contribution) My Lords, one word has been left out of our discussions—““veteran””. I refer to veterans of all ages...

Lord Wigley | 735 c1801-2 (Link to this contribution) My Lords, in Committee many speeches stressed the importance of securing accessibility to our justic...

Viscount Slim | 735 c1802 (Link to this contribution) Thank you. My question is simply: have there been discussions between the Ministry of Justice and th...

Lord McNally | 735 c1802 (Link to this contribution) Yes.

Baroness Benjamin | 735 c1795 (Link to this contribution) I would like to ask my noble friend the Minister the following questions. Why is legal aid being wit...

Lord Shipley | 735 c1802-3 (Link to this contribution) My Lords, I speak to Amendment 101. As we have heard, this group of amendments relates to two matter...

Lord McNally | 735 c1876 (Link to this contribution) 32: Schedule 1, page 128, line 30, at end insert— ““(ja) section 2 of the Carers and Disabled Childr...

Lord McNally | 735 c1877 (Link to this contribution) My Lords, stakeholders have drawn it to our attention that the definition of community care service ...

Lord Thomas of Gresford | 735 c1875-6 (Link to this contribution) I am most grateful to my noble friend for that reply. I ask him to add this point to his deliberatio...

Lord McNally | 735 c1876 (Link to this contribution) 24: Schedule 1, page 126, line 3, after ““to”” insert ““— (a) ”” 25: Schedule 1, page 126, line 4,...

Baroness Butler-Sloss | 735 c1877 (Link to this contribution) 34: Schedule 1, page 129, line 13, after ““from”” insert ““or within””

Baroness Butler-Sloss | 735 c1877-8 (Link to this contribution) My Lords, there are three amendments here that relate to internal child abduction. Noble Lords may w...

Lord Beecham | 735 c1877 (Link to this contribution) My Lords, we welcome the Minister's amendments and are glad that an error has been repaired. Amendm...

Lord McNally | 735 c1877 (Link to this contribution) 33: Schedule 1, page 129, line 2, at end insert— ““Facilities for disabled persons 6A (1) Civil lega...

Lord McNally | 735 c1816 (Link to this contribution) No, I am not giving way. I am not giving way.

Lord Laming | 735 c1816 (Link to this contribution) The House will realise that I rarely intervene in matters of this kind. In fact, I would go as far a...

Lord McNally | 735 c1816 (Link to this contribution) Cross-Benchers are individuals who make up their own minds. I am entirely right to say that decision...

Lord Lloyd of Berwick | 735 c1823 (Link to this contribution) 13: Schedule 1, page 125, line 5, at end insert— ““Clinical negligence (1) Civil legal services prov...

Lord Lloyd of Berwick | 735 c1823-5 (Link to this contribution) My Lords, we come to the first of a group of amendments dealing with clinical negligence. The noble ...

Lord Low of Dalston | 735 c1816 (Link to this contribution) My Lords—

Baroness Doocey | 735 c1816-7 (Link to this contribution) My Lords, first, I thank all noble Lords from every section of this House for their superb contribut...

Lord Bach | 735 c1820 (Link to this contribution) My Lords, I spoke to this amendment in the last debate. I beg to move and test the opinion of the Ho...

Lord Cormack | 735 c1828-30 (Link to this contribution) My Lords, I am delighted to follow the noble Lord, Lord Clinton-Davis. We entered another place on t...

Baroness Turner of Camden | 735 c1830 (Link to this contribution) My Lords, when the Bill was first published it led to a great deal of correspondence from all sorts ...

Baroness Eaton | 735 c1826-8 (Link to this contribution) My Lords I ask noble Lords to support Amendment 31, which stands in my name and in the names of my n...

Lord Clinton-Davis | 735 c1828 (Link to this contribution) I follow the noble Baroness, Lady Eaton, with temerity, as she has made a remarkable speech based on...

Baroness Grey-Thompson | 735 c1825-6 (Link to this contribution) My Lords, I will speak to Amendment 15, which is in my name and in the names of the Baroness, Lady F...

Baroness Masham of Ilton | 735 c1833 (Link to this contribution) My Lords, in supporting the amendments, I just want to say that clinical negligence is such an impor...

Lord Wigley | 735 c1831-2 (Link to this contribution) My Lords, I shall speak briefly in support of Amendment 13, proposed by the noble and learned Lord, ...

Lord Carlile of Berriew | 735 c1830-1 (Link to this contribution) My Lords, I want to give my noble and learned friend the Advocate-General a brief moment of minister...

Lord Howarth of Newport | 735 c1831 (Link to this contribution) My Lords, I, too, welcome the concession that the Government propose in Amendment 68, in so far as i...

Baroness Grey-Thompson | 735 c1803-4 (Link to this contribution) My Lords, I rise briefly in support of Amendment 11 because I covered the appeal process extensively...

Lord Goldsmith | 735 c1804-5 (Link to this contribution) My Lords, I raised in Committee the issue of the advice sector and advice agencies, about which the ...

Lord Cormack | 735 c1806 (Link to this contribution) My Lords, I shall not detain your Lordships for long. I do not suppose that a single Member of this ...

Lord Judd | 735 c1806 (Link to this contribution) My Lords, further to that very important point just made by the noble Lord, Lord Cormack, perhaps I ...

Lord Ramsbotham | 735 c1806 (Link to this contribution) My Lords, like my noble friend Lord Slim, I have one question to ask the Minister. I know that we di...

Baroness Shackleton of Belgravia | 735 c1807 (Link to this contribution) My Lords, I speak in support of the amendment in the name of the noble and learned Baroness, Lady Bu...

Lord Phillips of Sudbury | 735 c1807-8 (Link to this contribution) My Lords, there is very little to add in what has been a remarkably unanimous debate—““Sit down””, s...

Lord Bach | 735 c1808-10 (Link to this contribution) I rise to give my support, and that of my party, to Amendment 11, moved so brilliantly by the noble ...

Lord Avebury | 735 c1811 (Link to this contribution) Will my noble friend allow me—

Lord McNally | 735 c1811 (Link to this contribution) No. I have been here for two hours—

Lord McNally | 735 c1810-1 (Link to this contribution) My Lords, if we have a debate about how we help the poor then it is bound to be emotive and emotiona...

Lord McNally | 735 c1815 (Link to this contribution) Oh look, they are all waiting. It is the responsibility of Cross-Benchers, who supposedly, I am read...

Lord Avebury | 735 c1811 (Link to this contribution) So have I.

Lord McNally | 735 c1811-5 (Link to this contribution) And I have heard a lot. The House has to move on. We want to get through Schedule 1. This is not a ...

Lord Laming | 735 c1816 (Link to this contribution) My Lords—

Baroness Royall of Blaisdon | 735 c1815 (Link to this contribution) My Lords—

Lord McNally | 735 c1815 (Link to this contribution) No, I will not give way. Noble Lords have had a very good time. I have a right to point out that the...

Baroness Howe of Idlicote | 735 c1871 (Link to this contribution) My Lords, I wish to move the amendment so that I can make a brief statement on the subject.

Baroness Howe of Idlicote | 735 c1871 (Link to this contribution) 21: Schedule 1, page 125, line 5, at end insert— ““Vulnerable young people 1 (1) Civil legal service...

Lord Faulks | 735 c1869 (Link to this contribution) My Lords, perhaps I might intervene briefly on this matter. I have experienced quite a number of cas...

Lord Beecham | 735 c1868-9 (Link to this contribution) My Lords, this amendment deals with education. It is right to say that, having consulted—although pe...

Lord Beecham | 735 c1870 (Link to this contribution) My Lords, the noble Lord, Lord Faulks, has made a valid point about education negligence cases. I th...

Lord McNally | 735 c1869-70 (Link to this contribution) My Lords, Amendment 20 would bring back into scope all education matters not already covered by Sche...

Lord Thomas of Gresford | 735 c1868 (Link to this contribution) Before the noble Lord sits down, I may say that he is developing a very fine line in insulting jibes...

Lord Beecham | 735 c1867-8 (Link to this contribution) My Lords, I remain disappointed in that response. There is potentially a huge range of claims that m...

Lord Beecham | 735 c1868 (Link to this contribution) 20: Schedule 1, page 125, line 5, at end insert— ““Education (1) Civil legal services provided in re...

Lord Beecham | 735 c1868 (Link to this contribution) I do not quite understand the relevance of that observation. I mentioned Brown. I am sorry if it off...

Lord Thomas of Gresford | 735 c1875 (Link to this contribution) Is that on the basis of an assessment of how many cases a judge would declare complex? I propose a f...

Lord Wallace of Tankerness | 735 c1875 (Link to this contribution) That is the point I was about to make. It is possibly based on the majority of cases currently going...

Lord Wallace of Tankerness | 735 c1874-5 (Link to this contribution) My Lords, the amendment moved by my noble friend Lord Thomas of Gresford would seek to provide legal...

Lord Bach | 735 c1874 (Link to this contribution) Very briefly, we agree in principle with the noble Lord and his amendments. After today, the Bill wi...

Lord Thomas of Gresford | 735 c1872-4 (Link to this contribution) My Lords, Amendment 22 and Amendment 78 are concerned with appeals in social welfare and immigration...

Lord Thomas of Gresford | 735 c1872 (Link to this contribution) 22: Schedule 1, page 125, line 5, at end insert— ““Social entitlement (1) Civil legal services and a...

Baroness Howe of Idlicote | 735 c1872 (Link to this contribution) I beg leave to withdraw the amendment. Amendment 21 withdrawn. Amendment 22 Moved by

Lord McNally | 735 c1872 (Link to this contribution) I am always delighted to see the noble Baroness and I will certainly meet her to discuss this furthe...

Baroness Howe of Idlicote | 735 c1872 (Link to this contribution) Yes. I beg to move.

Lord Geddes | 735 c1872 (Link to this contribution) Having spoken to her amendment, does the noble Baroness wish to move it? That will give noble Lords ...

Baroness Howe of Idlicote | 735 c1872 (Link to this contribution) What I wanted to say is that I am of course sad that this amendment cannot be debated tomorrow or on...

Lord Beecham | 735 c1839-40 (Link to this contribution) It would be extremely important if the Government acted on it. We do not know that they will. While ...

Lord Thomas of Gresford | 735 c1839 (Link to this contribution) Although the organisation questions, it is hardly saying something that is contrary to what I have s...

Lord Beecham | 735 c1840 (Link to this contribution) My Lords, some nerve damage is being sustained by the noble Lord. Let us, however, concentrate on th...

Lord Thomas of Gresford | 735 c1840 (Link to this contribution) Perhaps I may point out to the noble Lord, and my noble friend the Minister will confirm this, that ...

Lord Newton of Braintree | 735 c1833-4 (Link to this contribution) My Lords, I wonder whether I might be allowed to intervene from this Front Bench position without pe...

Lord Faulks | 735 c1834-7 (Link to this contribution) My Lords, I take note of the indication from the noble Baroness, Lady Finlay, that the House may hav...

Lord Beecham | 735 c1838-9 (Link to this contribution) My Lords, before I address the amendments, I must correct something that I said in Committee. I unfo...

Baroness Hamwee | 735 c1838 (Link to this contribution) My Lords, perhaps I may ask a short supplementary question following the queries made by my noble fr...

Lord Wallace of Tankerness | 735 c1867 (Link to this contribution) My Lords, the noble Lord, Lord Beecham, has moved his amendment to make civil legal services availab...

Lord Beecham | 735 c1866-7 (Link to this contribution) My Lords, the amendment would bring consumer law back into scope. Consumer law does not simply cover...

Lord Beecham | 735 c1866 (Link to this contribution) 19: Schedule 1, page 125, line 5, at end insert— ““Consumer (1) Civil legal services provided in res...

Lord Wallace of Tankerness | 735 c1844-5 (Link to this contribution) It is very evident. We want to encourage joint expert reports, but clearly there will be cases when ...

Lord Clinton-Davis | 735 c1844 (Link to this contribution) If there is no consensus between the experts, what happens then?

Lord Wallace of Tankerness | 735 c1840-4 (Link to this contribution) My Lords, I think that it is evident to the House that we have had a very important, serious-minded ...

Baroness Grey-Thompson | 735 c1848-9 (Link to this contribution) I am very conscious of the late hour so I do not wish to delay your Lordships' House too much longer...

Baroness Grey-Thompson | 735 c1848 (Link to this contribution) 15: Schedule 1, page 125, line 5, at end insert— ““Clinical negligence (No. 2) (1) Civil legal servi...

Lord Lloyd of Berwick | 735 c1845-6 (Link to this contribution) My Lords, I address only my own amendment. It is very limited in scope and is designed to save money...

Baroness Verma | 735 c1795 (Link to this contribution) Perhaps I may remind noble Lords that we are at Report stage. Points should be quite short and direc...

Baroness Butler-Sloss | 735 c1880 (Link to this contribution) I am very grateful to the Minister for what he has said, although it does not go quite as far as tho...

Baroness Butler-Sloss | 735 c1882 (Link to this contribution) My Lords, I have already spoken to this amendment, which, as I said, was rather oddly included in th...

Lord Wallace of Tankerness | 735 c1889-90 (Link to this contribution) My Lords, Amendment 69 intends to bring into the scope of legal aid damages and compensation claims ...

Lord Wallace of Tankerness | 735 c1892 (Link to this contribution) My Lords, I shall speak also to Amendment 92. This is another group of amendments on which my noble ...

Baroness Mallalieu | 735 c1832-3 (Link to this contribution) My Lords, I intervene very briefly to go back to the first of the speeches on this group, which have...

Baroness Butler-Sloss | 735 c1805-6 (Link to this contribution) My Lords, I invite the House's attention to Amendment 45, which is rather oddly placed in this group...

Lord Neill of Bladen | 735 c1806-7 (Link to this contribution) My Lords, perhaps I may add a word to what the noble Lord, Lord Cormack, said. It seemed to me that ...

Lord Geddes | 735 c1871 (Link to this contribution) If the noble Baroness has started to speak to her amendment, she must move it.

Lord Thomas of Gresford | 735 c1837-8 (Link to this contribution) My Lords, I am sure that the noble and learned Lord, Lord Lloyd, and the noble Lord, Lord Newton, wi...

Baroness Finlay of Llandaff | 735 c1833 (Link to this contribution) My Lords, I sense that the House is getting to the point where this debate needs to draw to a close,...

Baroness Anelay of St Johns | 735 c1865-6 (Link to this contribution) My Lords, it may be for the convenience of the House if I explain that there have been discussions b...

Subjects

Disability

Children

Compensation

Consumers

Children in care

Appeals

Asylum

Consent to medical treatment

Carers

Damages

Advisory services