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Criminal Justice and Immigration Bill

My Lords, I beg to move that this House do not insist on its Amendment No. 86, to which the Commons have disagreed, and do agree with the Commons in their Amendment No. 86A in lieu. As noble Lords will recall, at Report stage the House made a number of amendments to what was originally Clause 105, which relates to the powers of the Crown Prosecution Service designated case workers. The amendments did essentially three things. First, they provided for designated case workers to be subject to statutory regulation under the Legal Services Act. Secondly, they excluded imprisonable summary offences from the trials remit of designated case workers. Lastly, the amendments limited the type of preventive civil orders in respect of which designated case workers could conduct proceedings. The Government have reflected carefully on the debates in this House and the arguments that were advanced. The government amendments before the House today accept the spirit of the amendments passed on Report, but acknowledge the practical difficulties of providing for statutory regulation of designated case workers in the short term. On regulation, the amendment provides for a transitional period of three years during which the Crown Prosecution Service would aim to ensure that all its designated case workers become members of ILEX. Once the relevant provisions of the Legal Services Act 2007 come into force, we expect ILEX to seek registration with the Legal Services Board as an approved regulator. It must be stressed that the present regulatory accreditation of ILEX would not allow them to regulate designated case workers. As a result, from 1 May 2011, all designated case workers will operate within the statutory framework provided by the Legal Services Act 2007. Consequently, the amendments provide that from that date their exemption from regulation under the Act would cease to apply. The effect of the amendment is that by 1 May 2011 ILEX will need to have had its accreditation extended through what I am told is a lengthy process taking up to three years, which is the basis for the three-year timetable. Designated case workers who are not members of ILEX after 1 May 2011 will not be able to be deployed in a magistrates’ court. It is anticipated that consequential amendments would be required to the Legal Services Act to ensure that designated case workers could properly be catered for within the regulatory framework provided for by the Legal Services Act 2007. Accordingly, we have provided for an order-making power which will enable appropriate modifications to be made to the Legal Services Act and, as necessary, other enactments to this end. I would stress that this power could not be used to alter the 1 May 2011 date. I turn now to the designated case workers’ trial remit. This House took the view that the exclusion of imprisonable summary offences from trials remit should be set out in primary legislation rather than statutory instructions issued by the Director of Public Prosecutions, and the amendments before us today do just that. However, we believe that it would be sensible to build some flexibility into the legislation, and accordingly the amendments in lieu accept that the restriction on designated case workers conducting trials in respect of imprisonable summary offences should appear on the face of the Bill. The amendments acknowledge, however, that there will come a time when, having gained further experience, it would be right to lift this restriction. As a consequence, the amendment in lieu provides for the restriction to be lifted by means of secondary legislation. Any order removing the restriction on conducting trials with respect to summary offences punishable by imprisonment would be subject to the affirmative resolution procedure and would therefore have to be debated and approved by both Houses. However, I can assure noble Lords that no such order will be brought forward before 1 May 2011; that is, it will not be brought before either House until all designated case workers are operating within the statutory regulatory framework of the 2007 Act. Of course I note that the noble Lord, Lord Kingsland, has tabled an amendment to remove this particular order-making power. It was anticipated that my honourable friend the Solicitor-General would have been able to give to Members of the other place the assurances that I have given here, but, regrettably, for various reasons, that was not possible. As I indicated, we have taken very seriously the concerns expressed in this House and by the Bar Council in particular. I have had an opportunity to speak to Tim Dutton, chairman of the Bar, and on the basis of the assurances that I have given to this House, I have his agreement, or approval, that these amendments can have the Bar’s support. I understand entirely that it is important for this House to hear those assurances. Having made them, I hope I have given some satisfaction not only to the noble Lord, Lord Kingsland, but to the noble Lord, Lord Thomas of Gresford, who has raised similar concerns in this area. I believe that this is an equitable compromise which embodies the core features of the amendments passed by this House at Report. On that basis, I invite noble Lords to agree to the government Motions. Moved, That this House do not insist on its Amendment No. 86, to which the Commons have disagreed, and do agree with the Commons in their Amendment No. 86A in lieu.—(Baroness Scotland of Asthal.)