---

Criminal Defence Service Bill [HL]

I congratulate the Government on mitigating the opacity of the Bill by producing the framework document; it is a great help. We have already been referred to page 10, which deals with the appeals mechanism. Under the sub-heading ““Appeals against refusal on merits””, I at least am reminded that the framework for appeal already exists at paragraph 4 of Schedule 3 to the Access to Justice Act   1999. That framework was legislated for at the instigation of the Government; what has changed, other than a desire to save money on the criminal legal aid scheme? It is a tight restriction that is proposed. I read further under the heading ““Review of applications rejected on means”” that the new scheme proposes that,"““there should be no route of appeal to the court but that defendants may apply to have the means decision reviewed on two grounds””." I interpose with this reflection: appeals to the court against refusal on merits are allowed, save that they are not appeals but applications for review, as the noble and learned Lord, Lord Ackner, just reminded us. There are two grounds only under the heading dealing with rejection on means. They apply when there has been,"““a material change in the defendant’s financial circumstances””" or when there is,"““a suspected miscalculation by the grant team or some other evidence of maladministration of the test””." I would be grateful if the Minister could answer my question: what has changed, other than a desire to save money? A wider and true right of appeal was thought desirable in 1999; it is not now.