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Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, perhaps I may add a few words on Amendment 91. The defect in Clause 9(3) is that it defines the ““exceptional case determination”” exclusively by reference to breaches of convention rights and EU law rights. But those rights are designed as a floor and not a ceiling. It is most unfortunate that the Bill treats them as a ceiling. I hope that the Government, on reflection, agree that the interests of justice are criteria entirely appropriate for the responsible director to consider and to apply. The wording of Clause 9(3) is very regrettable. If this amendment is not accepted, the consequence is that the director is compelled to deny legal aid even if he considers that the interests of justice require it in the circumstances of the case.