My Lords, I propose simply to respond on Amendment 36, so if those on the opposition Front Bench wish to respond on Amendment 82ZA, I shall briefly pause. I see that they do not. First, I should have declared an interest as the president of Ambitious about Autism, the education...

My Lords, I propose simply to respond on Amendment 36, so if those on the opposition Front Bench wish to respond on Amendment 82ZA, I shall briefly pause. I see that they do not. First, I should have declared an interest as the president of Ambitious about Autism, the education...

Legal Aid, Sentencing and Punishment of Offenders Bill. Lords committee stage fourth day. Schedule 1 under consideration.

Legal Aid, Sentencing and Punishment of Offenders Bill. Lords committee stage fourth day. Schedule 1 under consideration.

That certainly must be a risk, and the need for the assistance of the Court of Protection is therefore enhanced. I am grateful to my noble friend for allowing that point to be emphasised. It is therefore essential that legal aid is available so that the court can be approached...

That certainly must be a risk, and the need for the assistance of the Court of Protection is therefore enhanced. I am grateful to my noble friend for allowing that point to be emphasised. It is therefore essential that legal aid is available so that the court can be approached...

I cannot blame the noble Lord for asking an-ex Legal Aid Minister that question. In immigration law over the last 20 years or so—this has been hinted at already in contributions, and no one really can gainsay it—it was spotted that there were those who practised immigration law who did...

I cannot blame the noble Lord for asking an-ex Legal Aid Minister that question. In immigration law over the last 20 years or so—this has been hinted at already in contributions, and no one really can gainsay it—it was spotted that there were those who practised immigration law who did...

Before the noble and learned Baroness sits down, could she help me just a little? On Amendment 45, it does seem to me that relying upon a known, approved and accepted definition is clearly right. Of course I accept that, for all the very powerful reasons that have been given....

Before the noble and learned Baroness sits down, could she help me just a little? On Amendment 45, it does seem to me that relying upon a known, approved and accepted definition is clearly right. Of course I accept that, for all the very powerful reasons that have been given....

I am sorry to interrupt the Minister’s flow, but this is a valuable opportunity to get to the bottom of this. From what he is saying, a reckless act on behalf of the state would be neither deliberate nor dishonest. If it was reckless, there would be no redress. Can...

I am sorry to interrupt the Minister’s flow, but this is a valuable opportunity to get to the bottom of this. From what he is saying, a reckless act on behalf of the state would be neither deliberate nor dishonest. If it was reckless, there would be no redress. Can...

My Lords, the noble Lord, Lord Avebury, has made a very powerful case for the amendment that he has so ably moved. We support it from the opposition Front Bench, very much for the reason that he was arguing in the latter part of his speech: the complete mismatch between...

My Lords, the noble Lord, Lord Avebury, has made a very powerful case for the amendment that he has so ably moved. We support it from the opposition Front Bench, very much for the reason that he was arguing in the latter part of his speech: the complete mismatch between...

72: Schedule 1, page 131, line 7, at end insert— ““( ) situations where a person’s financial difficulties could lead to loss of home.””

72: Schedule 1, page 131, line 7, at end insert— ““( ) situations where a person’s financial difficulties could lead to loss of home.””

My Lords, may I first thank noble Lords for their substantial and much appreciated support for these two amendments? The Government are undoubtedly to be congratulated on their strategy. They are also to be congratulated on opting in to the directive. It is the directive to which the Minister has...

My Lords, may I first thank noble Lords for their substantial and much appreciated support for these two amendments? The Government are undoubtedly to be congratulated on their strategy. They are also to be congratulated on opting in to the directive. It is the directive to which the Minister has...

My Lords, the purpose of Amendments 60 and 61 is to ask the Government to rectify an omission that denies legal aid to those who have been unlawfully deprived of their liberty by the state and their ability to obtain redress through the courts. The Government’s consultation resulted in legal...

My Lords, the purpose of Amendments 60 and 61 is to ask the Government to rectify an omission that denies legal aid to those who have been unlawfully deprived of their liberty by the state and their ability to obtain redress through the courts. The Government’s consultation resulted in legal...

My Lords, I shall speak to Amendment 61ZA, which is in this group. It does not much relate to the amendments of the noble Lord, Lord Ramsbotham, but it raises an interesting issue to explore at this stage. It would include the Duchy of Cornwall or the Crown Estate as...

My Lords, I shall speak to Amendment 61ZA, which is in this group. It does not much relate to the amendments of the noble Lord, Lord Ramsbotham, but it raises an interesting issue to explore at this stage. It would include the Duchy of Cornwall or the Crown Estate as...

My Lords, I shall speak in favour of Amendment 60, for which the noble Lord, Lord Ramsbotham, has made a strong case. I expect the Minister may say that, ipso facto, an abuse of power is unlawful. The problem is that if that is the argument, the way that sub-paragraph...

My Lords, I shall speak in favour of Amendment 60, for which the noble Lord, Lord Ramsbotham, has made a strong case. I expect the Minister may say that, ipso facto, an abuse of power is unlawful. The problem is that if that is the argument, the way that sub-paragraph...

I, too, would like to say a word in support of the amendments tabled by the noble Lord, Lord Ramsbotham. He has raised very important points. Surely, what he has argued for is self-evidently right in principle. As the noble Lord suggested, public authorities are almost by definition powerful in...

I, too, would like to say a word in support of the amendments tabled by the noble Lord, Lord Ramsbotham. He has raised very important points. Surely, what he has argued for is self-evidently right in principle. As the noble Lord suggested, public authorities are almost by definition powerful in...

My Lords, I, too, commend this amendment for very serious attention. In the economic pressures under which we are operating and which are very much a factor in everything we are considering under this legislation, it seems to me that this provision is another example of a heavy penalty falling...

My Lords, I, too, commend this amendment for very serious attention. In the economic pressures under which we are operating and which are very much a factor in everything we are considering under this legislation, it seems to me that this provision is another example of a heavy penalty falling...

My Lords, my name is attached to Amendments 60 and 61 which were spoken to by my noble friend Lord Ramsbotham. Having listened to the contributions that have been made, it is clear that the whole area needs rewriting. The noble Lord, Lord Phillips, queried the various phrases that are...

My Lords, my name is attached to Amendments 60 and 61 which were spoken to by my noble friend Lord Ramsbotham. Having listened to the contributions that have been made, it is clear that the whole area needs rewriting. The noble Lord, Lord Phillips, queried the various phrases that are...

Before my noble friend Lord Carlile replies regarding his amendment, I thank the Minister for his reply to my amendments, which raised difficult technical points. I hope that he will forgive me if I read what he has said with some care, as no doubt he will read the whole...

Before my noble friend Lord Carlile replies regarding his amendment, I thank the Minister for his reply to my amendments, which raised difficult technical points. I hope that he will forgive me if I read what he has said with some care, as no doubt he will read the whole...

My Lords, in relation to Amendment 54, I am grateful for the explicit support from the noble Lord, Lord Bach, on the opposition Front Bench. So far as my noble and learned friend’s response is concerned, as he spoke, I reminded myself that when I was a young man and...

My Lords, in relation to Amendment 54, I am grateful for the explicit support from the noble Lord, Lord Bach, on the opposition Front Bench. So far as my noble and learned friend’s response is concerned, as he spoke, I reminded myself that when I was a young man and...

I am most grateful to my noble and learned friend. He has been extremely helpful. Can he clarify one point? Sometimes when judicial review claims are brought there is included in the claim a claim for damages, which can be awarded under judicial review. I take it from what he...

I am most grateful to my noble and learned friend. He has been extremely helpful. Can he clarify one point? Sometimes when judicial review claims are brought there is included in the claim a claim for damages, which can be awarded under judicial review. I take it from what he...

This is quite important. As my noble friend will recognise, the overall structure of what is proposed to be in scope does not provide for legal aid for damages. However, I recognise what he says about damages being part of an overall judicial review claim. It is important that we...

This is quite important. As my noble friend will recognise, the overall structure of what is proposed to be in scope does not provide for legal aid for damages. However, I recognise what he says about damages being part of an overall judicial review claim. It is important that we...

60: Schedule 1, page 127, line 33, after ““deliberate”” insert ““, unlawful””

60: Schedule 1, page 127, line 33, after ““deliberate”” insert ““, unlawful””