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Proceeding contribution from Lord Mackay of Clashfern (Conservative) in the House of Lords on Tuesday, 24 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

My Lords, having listened to what we have heard in connection with these amendments, it occurs to me, first, that, for some reason which is no doubt clear to some, ““exceptional”” is used in order to be defined, so the exceptional quality does not come into the definition of exceptional cases. My second point is that, although ““the interests of justice”” is a rather general and vague subject, on the other hand if you turn it round and say that the director, before he allowed this ground to prevail, had to be satisfied that there was a real risk of injustice unless legal aid was granted in a particular case, that would focus on the issue in the case in a more distinct and direct way than the phrase ““the interests of justice””, which has been used in many contexts in the past. I agree that, on the whole, it is a vague phrase, but turning it round might make it a little more attractive to my noble and learned friend.


Secondary information

Type
Proceeding contribution
Reference
734 c989 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Disability Disclosure of information Compensation Criminal proceedings Appeals Assets Advocacy Criminal injuries compensation Legal profession Employment Finance Fees and charges Legal aid scheme Eligibility Injuries Discrimination Evictions Local government NHS Negligence Social security Sentencing Tribunals Sexual offences Telephone services Travellers Remand in custody Police stations Citizens' advice bureaux Law centres
Legislation
Legal Aid, Sentencing and Punishment of Offenders Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk