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My Lords, no one has made reference to the fact that the provision of a civil litigation system is in the public interest, as it provides a civilised way of effectively dealing with disputes. It goes beyond the ordinary question of what the litigant gains; the public make a substantial gain. Accordingly, there should be a contribution from general taxation, and costs should not be left solely to the litigant to cover, particularly as some of the cases are decided for the general benefit and good of society.
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
15 February 2006
Reference
678 c1144-5
House
House of Lords
My Lords, it is common ground that the Civil Justice Council is there as a watchdog over the civil courts and that in the past the former Chief Justice and the Chief Justice before him have combined with the council and the Council of Judges to condemn the policy that has just been mentioned. I should make it clear that this is not a frontal attack on the noble and learned Lord the Lord Chancellor, Dieu soit merci; it is a frontal attack on that most powerful member of the executive, the Revenue. The Revenue has decreed that full costs incurred in the civil courts should be recovered. It is what has been colloquially known as the cream of the office cat. Would your Lordships not agree that it is totally wrong and has been condemned on the basis that it interferes with that vital concept of access to justice? Will the noble Baroness say how she can fit the two in together?
Asked by
Lord Ackner (Crossbench)
Oral questions - 1st Supplementary
Status
Answered
Date
15 February 2006
Reference
678 c1143-4
House
House of Lords
Whether they will accept the recommendation of the Civil Justice Council in its response of 17 November 2005 to the Department for Constitutional Affairs for a fundamental review of the policy to charge litigants in the civil courts the total costs of running those courts less fee exemptions and remissions.
Asked by
Lord Ackner (Crossbench)
Oral questions - Lead
Status
Answered
Date
15 February 2006
Reference
678 c1143
House
House of Lords
My Lords, I ask the Question with a little more than that thin veneer of confidence which characterises the few that I put before your Lordships. I do so because my noble and learned friend the Lord Chancellor gave an undertaking to the Western Circuit in July 2004 that, while he was Lord Chancellor, Hampshire would remain part of the Western Circuit. I ask whether he is prepared to abide by that assurance and whether the Government, mutatis mutandis, will do likewise.
Asked by
Lord Ackner (Crossbench)
Oral questions - 1st Supplementary
Status
Answered
Date
24 January 2006
Reference
677 c1057
House
House of Lords
What are the likely consequences to the Western Circuit, and in particular to the county of Hampshire, of their proposals to merge police authorities, and in particular any merger of the Hampshire police force with a police force other than Dorset or Wiltshire.
Asked by
Lord Ackner (Crossbench)
Oral questions - Lead
Status
Answered
Date
24 January 2006
Reference
677 c1057
House
House of Lords
My Lords, why have we dropped the use of the word ““effect”” and seized upon this odd word ““impact””?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
19 January 2006
Reference
677 c765
House
House of Lords
My Lords, have the Government made any estimate of the effect of the embargo on non-serious operations on the NHS deficit? If the deficit is not cleared off, will it be carried forward into the next fiscal year?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
14 December 2005
Reference
676 c1256
House
House of Lords
My Lords, is the answer to the question simply "No"? The European Court of Justice has not issued a judgment agreeing that the European Commission has the power to require. All it has done is to issue a judgment which enables it to make a proposal, which is quite different.
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
12 December 2005
Reference
676 c967-8
House
House of Lords
My Lords, would your Lordships allow me to agree with the Minister? There is no need for any further clarification. This was a case where alcohol had been consumed and it is common knowledge that alcohol can dull the inhibitions. As a result, consent can be given which otherwise would not occur. A good example of a non-sexual kind occurred in Cambridge where an undergraduate of Magdalene dived off Magdalene Bridge without first satisfying himself that there was water running under it. I would respectfully suggest that the same occurs in this type of case—the inhibitions, which have been reduced, still enable the complainant to consent and in those circumstances the prosecution cannot prove its case.
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
6 December 2005
Reference
676 c513-4
House
House of Lords
My Lords, from what I have understood of the press notices, there is no longer any resistance on the part of the junior Bar to accepting briefs. A number of them refused to accept briefs in order that the public should realise, first, that their remuneration had not moved for eight years, and as a result was 30 per cent below what it should have been; secondly, that a review was promised in May but never took place; and, thirdly, that there were unilateral cuts. Having made their points, and, I think, obtained a fair amount of sympathy, they have now returned to accepting work, awaiting the Carter report. Is the noble and learned Lord aware of all those facts?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
16 November 2005
Reference
675 c1064-5
House
House of Lords
My Lords, perhaps I may squeak in my third question. Why has Parliament been given no opportunity to debate this matter?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
14 November 2005
Reference
675 c827
House
House of Lords
My Lords, I have three questions for my noble and learned friend. They grow progressively shorter—the last one is very short indeed. First, does the noble and learned Lord the Lord Chancellor recall that the former Lord Chief Justice and the current Lord Chief Justice, both acting on behalf of the Civil Justice Council and the civil justice review, raised strong objections to the civil courts making that recovery on two grounds: first, there was a failure to recognise the collective benefit in the administration of civil justice and, secondly, it seriously weakened access to justice. Secondly, does the Minister recall the decision of the Divisional Court in 1998—Queen’s Bench 575, Queen v. Lord Chancellor, Ex parte Witham—in which, in a very full reserved judgment, Mr Justice Laws said:"““Access to the courts is a constitutional right; it can only be denied by the government if it persuades Parliament to pass legislation which specifically—in effect by express provision—permits the executive to turn people away from the court door””." My final question—
Asked by
Lord Ackner (Crossbench)
Oral questions - 1st Supplementary
Status
Answered
Date
14 November 2005
Reference
675 c826
House
House of Lords
Whether, since 1992, they have sought the approval of Parliament for their decision to recover from litigants in civil cases the full costs of the proceedings, including, inter alia, the provision of judges’ salaries and pensions and court buildings; and, if so, when and how.
Asked by
Lord Ackner (Crossbench)
Oral questions - Lead
Status
Answered
Date
14 November 2005
Reference
675 c825-6
House
House of Lords

Further to the Answer by the Lord Falconer of Thoroton on 20 October (Official Report, col. 878), who made the decision to recover from civil litigants the costs of court administration in 1992; after what, if any, consultation; and what documents were relied upon in making that decision.

Asked by
Lord Ackner (Crossbench)
Type
Written questions
Status
Answered
Date
9 November 2005
Reference
1883; 675 c78WA
House
House of Lords
My Lords, is the noble and learned Lord aware of the following facts? First, in 2004, he wrote to the judges promising that the value of judges’ pension benefits would not be adversely affected by the new pensions regime established by the Finance Act 2002. Secondly, a judicial pensions Bill was announced in the Queen’s Speech. Thirdly, the Judges’ Council has worked with DCA officials to consider the draft Bill and that Bill in its present form has been accepted by the Judges’ Council as a fair solution to the problem of preserving the position of judges in post on and after 6 April 2006. Finally, that Bill has not been presented to Parliament and the Government will not say when, if ever, it will be presented. Does the noble and learned Lord accept that unless the Bill becomes law prior to 6 April 2006 a significant number of judges who remain in post after that date will suffer a reduction in their total pension package on retirement, which would sour relations between the Government and the judiciary?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
20 October 2005
Reference
674 c883
House
House of Lords
My Lords, will the noble and learned Lord assist the House on two matters? He is no doubt aware that the Civil Justice Council is the watchdog body over the civil courts, and that the noble and learned Lord, Lord Phillips of Worth Matravers, presided over that body, certainly until he became Lord Chief Justice. The Civil Justice Council, in a paper to the noble and learned Lord the Lord Chancellor, said that,"““a substantial portion of the costs should be defrayed from general taxation””." It added that the,"““general level of fees discourages access to the courts””," particularly on the part of litigants who are employees on their own part or are in a small business. In view of the civil disputes affected—for example, in the case of a parent who wants to seek access to a child, the fee has risen from £30 to £175, as noble Lords have heard—does the noble and learned Lord not accept that that is an intolerable situation when we are trying to emphasise the need to give full access to the courts?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
20 October 2005
Reference
674 c877-8
House
House of Lords
My Lords, does the Minister recall the recent publicity concerning a doctor, who, lacking in specialist qualifications, nevertheless over a long period wrongly diagnosed and wrongly treated children for epilepsy, with disastrous results? What has happened to that doctor?
Asked by
Lord Ackner (Crossbench)
Oral questions - Supplementary
Status
Answered
Date
5 July 2005
Reference
673 c533
House
House of Lords
Supplementary on commmunity sentences and minimum sentences.
Asked by
Lord Ackner (Crossbench)
Oral questions - 1st Supplementary
Status
Answered
Date
1 March 2005
Reference
670 c109
House
House of Lords
1st supplementary on the consequences of exceeding the use of reasonable force and the availability of manslaughter as an intermediate offence.
Asked by
Lord Ackner (Crossbench)
Oral questions - 1st Supplementary
Status
Answered
Date
9 February 2005
Reference
669 c794-7
House
House of Lords
Whether the guidelines issued by the Crown Prosecution Service and the Association of Chief Police Officers on the use of lethal force against intruders adequately address public concern.
Asked by
Lord Ackner (Crossbench)
Oral questions - Lead
Status
Answered
Date
9 February 2005
Reference
669 c794-7
House
House of Lords