I have just a couple of points. Obviously, we support the intentions behind these regulations and what they seek to achieve.
Could I just ask about paragraph 4.3 of the Explanatory Memorandum? Once again, I am not sure exactly what to make of it. It says:
“The enabling powers for the regulations (found in sections 46 and 47 of the CCA)”—
that is, the Crime and Courts Act—
“are not yet in force. It is our intention to commence sections 46 and 47 before the regulations are made, but after they have been laid in draft and debated by both Houses of Parliament”.
Does that mean that we will end up with a situation where the relevant sections have been commenced but there are no regulations in existence, or am I misinterpreting what is indicated in paragraph 4.3? It would be helpful if the noble Baroness could clarify what exactly it means in practical terms.
I have just one other point. I think the noble Baroness said that the changes would probably be expected to recover another £2 million that is not being recovered at the moment. Is that expected to be from a significant number of people, or is the argument—and obviously the reason for these regulations—that it is a fairly limited number of people who are withholding, able to withhold or not paying quite significant sums of money? The Minister has given the figure for the money that should be and is not being clawed back at the moment, but are we talking about a relatively limited number of Mr and Mrs Bigs in this world who are withholding or able not to pay the contribution towards the legal aid, or does it cover a large number of people in that position who will make up the £2 million total that it is hoped will be retrieved under these regulations?