Parliamentary search - Legal Aid, Sentencing and Punishment of Offenders Bill

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734 c1330-436

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2010-12

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Constitution Select Committee (HL) twenty-first report on Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Bill.
Wednesday, 16 November 2011
Parliamentary committees
House of Lords

Proceeding contributions

Lord Alton of Liverpool | 734 c1359-60 (Link to this contribution) My Lords, I wish to intervene briefly to support the terms of the amendment spoken to by the noble L...

Baroness Butler-Sloss | 734 c1360 (Link to this contribution) My Lords, the noble Lord, Lord Walton of Detchant, would have wanted to speak at this moment or, ind...

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Lord Beecham | 734 c1359 (Link to this contribution) Well, I am sometimes guilty of blundering, but a good example of psychological injury would be post-...

Lord Newton of Braintree | 734 c1359 (Link to this contribution) As a non-lawyer trespassing with great trepidation into this lawyers’ paradise territory I am prepar...

Lord Beecham | 734 c1356-8 (Link to this contribution) I will not detain the House long on this group of amendments, which sets out a menu—perhaps almost a...

Lord Newton of Braintree | 734 c1358 (Link to this contribution) My Lords, I wonder whether I might come in briefly, not least because of the reference to the later ...

Lord Thomas of Gresford | 734 c1355-6 (Link to this contribution) My Lords, I am most grateful to all noble Lords who have spoken in this debate and, in particular, t...

Lord Beecham | 734 c1356 (Link to this contribution) 121: Clause 43, page 30, line 12, at end insert— ““( ) The amendments made by subsections (2) and (4...

Lord Thomas of Gresford | 734 c1355 (Link to this contribution) May I help by saying that my Amendment 162 goes directly to that point?

Lord Wallace of Tankerness | 734 c1355 (Link to this contribution) As I said in response to my noble friend Lord Thomas, we do not believe that that is necessary becau...

Lord Lester of Herne Hill | 734 c1368-9 (Link to this contribution) I shall just say something about Amendment 124 in relation to defamation and privacy. This could tak...

Lord Martin of Springburn | 734 c1372-3 (Link to this contribution) My Lords, I support the noble Lord, Lord Bach. I listened with interest to the noble Lord, Lord Lest...

Lord Lester of Herne Hill | 734 c1363-4 (Link to this contribution) I am very grateful to the noble Lord; I had not intended to intervene. Does he agree that in the pub...

Lord Beecham | 734 c1364 (Link to this contribution) I entirely agree with that and I think that there ought to be a regime for the determination of the ...

Lord Bach | 734 c1364 (Link to this contribution) 123: Clause 43, page 30, line 12, at end insert— ““( ) The amendments made by subsections (2) and (4...

Lord Bach | 734 c1364-8 (Link to this contribution) My Lords, in opening this group of amendments, I shall do my best to be as brief as I can. The Commi...

Lord Newton of Braintree | 734 c1360 (Link to this contribution) My Lords, given that this is Committee, perhaps I may intervene again. I forgot to say, because I st...

Lord Wallace of Tankerness | 734 c1360-2 (Link to this contribution) My Lords, perhaps I may deal with Amendments 121, 122, 129, 130, 134, 136A, 136B, 151, 152, 156AA, 1...

Lord Beecham | 734 c1362-3 (Link to this contribution) My Lords, I reassure the noble Lord, Lord Newton, that this is a group of probing amendments to see ...

Baroness Turner of Camden | 734 c1342-4 (Link to this contribution) I am not a lawyer, and this is a very complicated set of amendments in a single group. My concern ar...

Lord Wallace of Tankerness | 734 c1344-6 (Link to this contribution) My Lords, I join the noble Lord, Lord Beecham, and my noble friend Lord Phillips, in thanking my nob...

Lord Beecham | 734 c1338-41 (Link to this contribution) My Lords, I speak rather earlier than I might have expected. I congratulate the noble Lord, Lord Tho...

Lord Phillips of Sudbury | 734 c1342 (Link to this contribution) I support my noble friend. My name is on most of the amendments in his name, although not Amendment ...

Lord Martin of Springburn | 734 c1346 (Link to this contribution) I apologise for being late for the Committee; I was travelling from Scotland. I am sure that the nob...

Lord Wallace of Tankerness | 734 c1346 (Link to this contribution) My plane from Edinburgh, too, was delayed today; I understand the noble Lord's difficulties. He ment...

Lord Thomas of Gresford | 734 c1330 (Link to this contribution) 118: Clause 43, page 30, leave out lines 4 to 6 and insert— ““(b) the maximum limit must be expresse...

Lord Thomas of Gresford | 734 c1330-7 (Link to this contribution) My Lords, I have to apologise for the length of my opening remarks, but as your Lordships will have ...

Lord Wallace of Tankerness | 734 c1351-2 (Link to this contribution) My Lords, it is very evident from the three interventions that this matter is clearly exercising the...

Lord Thomas of Gresford | 734 c1352 (Link to this contribution) My Lords, with great respect, I advanced the amendments in the context that one-way cost shifting wi...

Lord Wallace of Tankerness | 734 c1352-4 (Link to this contribution) My Lords, we believe that the package of proposals seek to end ATE insurance premiums being charged ...

Lord Martin of Springburn | 734 c1354-5 (Link to this contribution) On the incentive to settle early—I am trying to put this in lay man’s terms—is the noble and learned...

Lord Wallace of Tankerness | 734 c1355 (Link to this contribution) I think I understand what the noble Lord is saying and I think I gave an indication on that point. L...

Lord Beecham | 734 c1346 (Link to this contribution) If damages had increased, as recommended in 1999, and kept pace with inflation, that ratio would not...

Lord Wallace of Tankerness | 734 c1347-50 (Link to this contribution) We will come to increased damages. Damages are totally to one side in this. The point I was making w...

Lord Thomas of Gresford | 734 c1350-1 (Link to this contribution) Before my noble and learned friend leaves this issue, he knows that my concern is that this amounts ...

Lord Beecham | 734 c1351 (Link to this contribution) I absolutely agree with everything that the noble Lord has just said. This is a fundamental change i...

Baroness Butler-Sloss | 734 c1351 (Link to this contribution) Perhaps the Minister will not mind if I add a very few words. I had not intended to intervene but, a...

Lord McNally | 734 c1431-2 (Link to this contribution) I am not treading anywhere near that. I am saying that we are trying to bring a structure to the civ...

Lord Alton of Liverpool | 734 c1431 (Link to this contribution) I have no brief from either the insurance industry or from lawyers. I simply make the point that thi...

Lord McNally | 734 c1431 (Link to this contribution) I never said that there was. But I can say to the noble Lord, Lord Alton, that I am quite sure that ...

Lord Martin of Springburn | 734 c1431 (Link to this contribution) I know that the hour is late. There might have been abuse from lawyers but there was no abuse from t...

Lord McNally | 734 c1432-3 (Link to this contribution) I would have to take advice on that. On that and the point raised by the noble Lord, Lord Avebury, I...

Lord Wigley | 734 c1432 (Link to this contribution) Is the Minister considering using the 1979 Act, which was set up for cases where it was impossible t...

Lord Bach | 734 c1433 (Link to this contribution) I was not claiming that losing claimants would have to pay winning defendants’ costs—I accept that Q...

Lord McNally | 734 c1433 (Link to this contribution) My Lords, I do not think that it is analogous. The other actions that the Government are taking addr...

Lord Pannick | 734 c1433 (Link to this contribution) Does the Minister seriously dispute that the provisions in the Bill will at least to some extent dam...

Lord McNally | 734 c1433 (Link to this contribution) I take that point. I think that I have said all that I am going to say on this. It is a tough case,...

Lord Bach | 734 c1433 (Link to this contribution) The two situations are pretty analogous, so will the Minister please answer his own question? Why ca...

Lord McNally | 734 c1396-7 (Link to this contribution) Part of the problem of answering a debate such as this is the horror stories, abuses and problems ra...

Lord Elystan-Morgan | 734 c1396 (Link to this contribution) I am most grateful to the noble Lord for giving way. Without detracting in any way from the point ma...

Lord Alton of Liverpool | 734 c1413 (Link to this contribution) 137A: Clause 43, page 30, line 23, at end insert— ““( ) The amendments made by this section do not a...

Baroness Coussins | 734 c1397 (Link to this contribution) My Lords, I thank all noble Lords who have contributed to the debate and the Minister for his reply....

Lord Avebury | 734 c1420-3 (Link to this contribution) My Lords, the noble Lord, Lord Alton, referred to the curtain-raiser debate we had a few hours ago i...

Lord Alton of Liverpool | 734 c1413-9 (Link to this contribution) My Lords, earlier in our Committee’s proceedings today, the noble Lords, Lord Beecham and Lord Newto...

Lord Wigley | 734 c1423-6 (Link to this contribution) My Lords, Amendment 137A stands in my name, as well as in the names of the two noble Lords who have ...

Lord Martin of Springburn | 734 c1426-7 (Link to this contribution) My Lords, I support the amendment and the noble Lords who spoke. My thoughts turn to a lawyer, the l...

Lord Thomas of Gresford | 734 c1427-8 (Link to this contribution) My Lords, I am glad to follow the noble Lord, Lord Martin, in what he has just said because I am con...

Lord Bach | 734 c1428-30 (Link to this contribution) My Lords, I am proud to have been allowed to put my name, as an opposition Front-Bencher, on this am...

Lord McNally | 734 c1430-1 (Link to this contribution) My Lords, it is a long time since I pointed out that we had a whole series of amendments, each takin...

Lord Stevenson of Balmacara | 734 c1393-4 (Link to this contribution) My Lords, this has been a very interesting debate that has been well supported all round the House. ...

Lord Elystan-Morgan | 734 c1392-3 (Link to this contribution) My Lords, I, too, support this amendment, which was presented with such lucidity and articulation by...

Lord Alton of Liverpool | 734 c1391-2 (Link to this contribution) My Lords, I wish briefly to raise my voice to support my noble friend Lady Coussins in moving this a...

Lord Judd | 734 c1390-1 (Link to this contribution) My Lords, I, too thank the noble Baroness, Lady Coussins, for having spoken so well to her amendment...

Lord Pannick | 734 c1389-90 (Link to this contribution) My Lords, the noble Baroness, Lady Coussins, makes an overwhelming case here. I support her. I share...

Baroness Coussins | 734 c1387-9 (Link to this contribution) My Lords, Amendments 136, 137 and 140, which are in my name and supported by others, are designed to...

Lord Judd | 734 c1396 (Link to this contribution) I am very grateful to the noble Lord for giving way and I would not question at all his personal sen...

Lord McNally | 734 c1396 (Link to this contribution) I am aware of that. As the noble Lord said, that issue was to a certain extent present in the Trafig...

Lord McNally | 734 c1394-6 (Link to this contribution) My Lords, I pay tribute to the noble Baroness, Lady Coussins, and her record in this area. Looking d...

Lord Bach | 734 c1384-5 (Link to this contribution) My Lords, we on this side very much support the amendment, in very much the same terms as the noble ...

Lord Thomas of Gresford | 734 c1383-4 (Link to this contribution) Yes, or the other place. The noble Lord, Lord Bach, pointed out something that I think should not b...

Lord Bach | 734 c1386 (Link to this contribution) The quotation I read from the Guardian was from June 2011. We are now very near the end of January 2...

Lord McNally | 734 c1385-6 (Link to this contribution) My Lords, I feel as any Minister would, who sees an amendment signed by the noble and learned Lord, ...

Lord Thomas of Gresford | 734 c1382 (Link to this contribution) 128: Clause 43, page 30, line 16, after ““(6)”” insert ““Subject to subsection (7),””

Lord Bach | 734 c1382 (Link to this contribution) My Lords, I thank the Minister for his response. When I first accused the Government of not having a...

Lord Bach | 734 c1382 (Link to this contribution) It was made in heaven.

Lord Thomas of Gresford | 734 c1382 (Link to this contribution) My Lords, I must move this amendment, since it is in the names of the noble and learned Lord, Lord M...

Lord McNally | 734 c1386 (Link to this contribution) They are ongoing. I admit that sounds like that song ““Reviewing the Situation”” from ““Oliver!”” bu...

Baroness Coussins | 734 c1386-7 (Link to this contribution) 136: Clause 43, page 30, line 18, at end insert— ““( ) After subsection (7) insert— ““(8) The Lord C...

Lord Alton of Liverpool | 734 c1435-6 (Link to this contribution) My Lords, in his peroration the Minister relied on the phrase ““squeezing inflationary costs out of ...

Lord McNally | 734 c1433 (Link to this contribution) I do not know how lawyers will behave. I hope that they will behave a lot better than in some of the...

Lord Pannick | 734 c1434 (Link to this contribution) However, we are concerned here not with the expenditure of public funds but with a fair allocation o...

Lord McNally | 734 c1434 (Link to this contribution) This is not only about public funds, but it is about how you create—to use this term again—an archit...

Lord Thomas of Gresford | 734 c1434-5 (Link to this contribution) The issue really is this: should all cases be treated alike? Well, Lord Justice Jackson did not trea...

Lord McNally | 734 c1382 (Link to this contribution) Yes, I would think that that was true. I understand that such cases are extremely rare. A success fe...

Lord Bach | 734 c1379 (Link to this contribution) 125: Clause 43, page 30, line 12, at end insert— ““( ) The amendments made by subsections (2) and (4...

Lord McNally | 734 c1381 (Link to this contribution) My Lords, like the noble Lord, Lord Beecham, when speaking to the first series of amendments, the no...

Lord Beecham | 734 c1381 (Link to this contribution) My Lords, before my noble friend answers, perhaps the Minister can say which bits of the Jackson rep...

Lord Lester of Herne Hill | 734 c1373 (Link to this contribution) Has the noble Lord read the evidence that was given to the Joint Committee on the Draft Defamation B...

Lord Martin of Springburn | 734 c1373-4 (Link to this contribution) I have not read the document, but now that the noble Lord has drawn it to my attention, I will. What...

Lord McNally | 734 c1374-7 (Link to this contribution) My Lords, this has been a very useful debate, with a good deal of passion. During parts of it, I was...

Lord Bach | 734 c1377-9 (Link to this contribution) I thank the Minister for his response, but he will not be surprised to hear me say that I found it d...

Lord McNally | 734 c1381 (Link to this contribution) The bits that we are in favour of are in the Bill. As someone who firmly supported the Hunting Act,...

Lord Pannick | 734 c1381 (Link to this contribution) Does the Minister accept that claimants in judicial review cases will not be able to pay success fee...

Lord Avebury | 734 c1392 (Link to this contribution) My Lords, I do not believe that any cost whatever has fallen on public funds but I shall be as inter...

Baroness Hooper | 734 c1390 (Link to this contribution) My Lords, it was drawn to my attention that the changes introduced by the Bill would make it almost ...

Lord Bach | 734 c1379-80 (Link to this contribution) My Lords, judicial review proceedings offer a chance for the ordinary citizen to review decisions ma...

Lord Prescott | 734 c1369-72 (Link to this contribution) My Lords, I apologise for missing the first few minutes of this debate. The debate I listened to ear...

Lord Thomas of Gresford | 734 c1386 (Link to this contribution) While I am most grateful to my noble friend for that reply, it would be helpful for these negotiatio...

Subjects

Compensation

Defamation

Damages

Developing countries

Asbestosis

Legal profession

Fees and charges

Human rights

Liability

Injuries

Insolvency

Insurance

Legal costs

Industrial diseases

NHS

Negligence

Mesothelioma

Sentencing

Conditional fee agreements

Multinational companies

Legislation

Legal Aid, Sentencing and Punishment of Offenders Bill 2010-12

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Legal Aid, Sentencing and Punishment of Offenders Bill

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