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Lord Clarke of Nottingham

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Clarke of Nottingham, Lord (56)

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I just want to say that the lawyers do not have to take 25% of the compensation. All the costs are recovered from the defendants in a case that has been won. It is only those costs that are irrecoverable from the defendants that can sometimes be recovered. In a...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
24 April 2012
Reference
543 c845
House
House of Commons

No, not all of them, but the vast majority. Once such a case becomes an application for asylum, legal aid is available. I am surprised by the figures that have been given for the cases that do not eventually wind up getting legal aid in that way. The problems posed...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c232-3
House
House of Commons

Immigration cases involving unaccompanied children who turn up at airports and ports are very difficult. The vast majority of them, as far as the legal issues are concerned, are dealt with as asylum cases.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c232
House
House of Commons

Babies, yes, although exceptional funding rules will apply to other serious cases involving children. Under the European convention on human rights, one must plainly provide someone with access to funding to have a fair resolution of a dispute. We therefore think that we are covering most cases. The amendments that...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c231
House
House of Commons

I really must not, because I have taken well over an hour, although I have given way countless times. In my opinion, the Government have taken a consistent and principled approach to reforming the scope of legal aid.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c232
House
House of Commons

Let me move on, because I am giving way far too much and taking a great deal of time. Lords amendment 170 sounds like an innocuous measure, but it would open up legal aid to cover the costs of expert reports in all the cases that currently are funded by...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c231
House
House of Commons

I do not think that the hon. Gentleman has been in the Chamber for very long during this debate. [Hon. Members: ““Yes he has.””] All right; I will give way one last time. I hope that I have deterred anybody else who wants to get me to give way.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c232
House
House of Commons

But women will get legal aid for seeking the injunction. The hon. Lady is falling into what has happened throughout these debates. The definition that we are talking about as the gateway to legal aid for all other private family law cases goes far beyond injunctions. If I may move...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c221-3
House
House of Commons

I think that I am right in saying that what their lordships tried to do was put one form of definition used by the UK Border Agency on the face of the Bill. That is far too wide, and it is for a different purpose—[Interruption.] Well, that is an indication...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c223
House
House of Commons

Such women will not get an injunction if it turns out that there is no reasonable ground for giving it and they are not in imminent fear of domestic violence. We will give them legal aid because we think it is important that these issues are tested in cases where...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c220
House
House of Commons

I refute the idea that people will be given an injunction at some hearing in order to enable them to get legal aid, but people might apply. If the evidentiary tests are made too lax, there will be a tendency to fabricate claims or to bring in claims that are...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c220-1
House
House of Commons

People can approach their solicitors for advice on family law, as they do now. In an increasing proportion of cases, through the services offered to them, they will be put in touch with the mediation service, with or without the assistance of their lawyers—that is a matter for them—and the...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c223-4
House
House of Commons

I value citizens advice bureaux as highly as the right hon. Gentleman, and ever since the Bill was introduced we have said that we will come forward with proposals to improve the support given by the Treasury. As I have said, at the time of the Budget there was an...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c224-5
House
House of Commons

I am not arguing that. I am saying there should be hesitation before the very powerful and quite legitimate lobbies that have descended on the House since we proposed the changes just sweep everybody into believing that ever-wider provision of legal aid is necessary. There are downsides. In addition to...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c217-9
House
House of Commons

Lords amendment 2 impinges on the financial privileges of the House. I ask the House to disagree to the amendment and I will ask the Reasons Committee to ascribe financial privilege as the reason for doing so—and so too with amendments 168, 170 and 171. In addressing the very wide...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c216-7
House
House of Commons

I beg to move, That this House disagrees with Lords amendment 2.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c216
House
House of Commons

Let me begin with the domestic violence gateway. The ACPO definition is what the Labour Front-Bench team was originally concentrating on. We have to have a definition because we are talking about qualifying for the public funding of legal aid in certain cases. We have moved a lot on domestic...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c219-20
House
House of Commons

That is an interesting argument. I do not dismiss it, but I do not know of any evidence to support it. However, as I have said, the Bill covers serious cases involving children.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c231
House
House of Commons

I give way for the last time.

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c229
House
House of Commons

It would be reckless of me to try off the cuff to make a tight definition of a point of law. It is about a situation where a particular question arises out of the interpretation of a regulation and there is no clear and binding precedent for exactly what the...

Member
Lord Clarke of Nottingham (Conservative)
Type
Proceeding contributions
Date
17 April 2012
Reference
543 c229-31
House
House of Commons