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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 10 January 2012. It occurred during Committee of the Whole House (HL) and Debate on bill on Legal Aid, Sentencing and Punishment of Offenders Bill.


Legal Aid, Sentencing and Punishment of Offenders Bill

The issue that concerns me in Clause 4 is subsection (3). Under subsection (4): "““The Lord Chancellor may not give directions or guidance about the carrying out of … functions in relation to individual cases””." That is fair enough, but he must, "““comply with directions given by the Lord Chancellor about the carrying out of””," his ““functions””, and he must, "““have regard to guidance given by the Lord Chancellor about the carrying out of””," his ““functions””. What does that mean? Does it mean, for example, that the Lord Chancellor can phone the director or call him into his office and say, ““Now, look here, you’ve got far too many of these judicial reviews going through in relation to government business. I am not telling you about any particular case, so I am complying with subsection (4). But when it comes to subsection (3), would you please bear in mind that my guidance is that we have got too many of these cases? The judges are complaining. The lists are full.””? What exactly is intended by Clause 4(3)?


Secondary information

Type
Proceeding contribution
Reference
734 c89 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Children Criminal proceedings Appeals Disadvantaged Administration of justice Civil proceedings Legal profession Women Equality Health services Fees and charges Legal aid scheme Expenditure Domestic abuse Legal Services Commission Family law Family proceedings NHS Low incomes Ministerial powers Public appointments Negligence Social security Sentencing Standards Voluntary organisations Young people Witnesses Remand in custody Ministry of Justice Expert evidence Citizens' advice bureaux Law centres Impact assessments Public Defender Service Lord Chancellor Mediation
Legislation
Legal Aid, Sentencing and Punishment of Offenders Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk