§ 2.50 p.m.
THE MINISTER OF STATE, HOME OFFICE (VISCOUNT COLVILLE OF CUL-Ross)My Lords, on behalf of my noble and learned friend the Lord Chancellor, I beg to move that the House do now resolve itself into Committee (on Recommitment) on this Bill. In moving this Motion, I should just mention that the Bill has already been amended by the Joint Committee on Consolidation Bills.
§ Moved, that the House do now resolve itself into Committee (on Recommitment).—(Viscount Colville of Cuross.)
§ On Question, Motion agreed to.
§ House in Committee (on Recommitment) accordingly.
§ [The EARL OF LISTOWEL in the Chair.]
§ Clauses 1 to 11 agreed to.
§ Clause 12 [Solicitors and counsel]:
§
VISCOUNT COLVILLE OF CULROSS moved Amendment No. 1:
Page 13, line 13, leave out ("give advice or assistance or, as the case may be") and insert ("advise, assist or")
§ The noble Viscount said: I must confess that in moving this Amendment we are really taking advantage of the opportunity which occurs on the last two Amendments, which are of substance, to put right some very minor drafting points indeed. This particular Amendment is pure drafting. The object of it is to make the wording of subsection (6), to which it relates, fit in exactly with similar wording in subsection (5) of Clause 12. It really is just drafting, and I beg to move.
§ On Question, Amendment agreed to.
§ Clause 12, as amended, agreed to.
§ Clauses 13 to 15 agreed to.
§ Clause 16 [Employment of solicitors by Law Society]:
835
§
Amendment moved—
Page 17, line 4, leave out ("or") and insert ("and")—(Viscount Colville of Culross.)
§ On Question, Amendment agreed to.
§ Clause 16, as amended, agreed to.
§ Clauses 17 to 30 agreed to.
§ Clause 31 [Amendment and revocation of legal aid orders]:
§
VISCOUNT COLVILLE or CULROSS moved Amendment No. 3:
Page 32, line 8, leave out ("an") and insert ("a legal aid contribution").
§ The noble Viscount said: This Amendment, which I now move, in fact goes with the two following Amendments. They are, again, purely drafting, and they tie up with the wording in other Parts of the Bill. I beg to move Amendment No. 3.
§ On Question, Amendment agreed to.
§ Clause 31, as amended, agreed to.
§ Clause 32 agreed to.
§ Clause 33 [Means enquiry by Supplementary Benefits Commission]:
§
Amendment moved—
Page 33, line 43, leave out ("an") and insert ("a legal aid contribution").—(Viscount Colville of Culross.)
§ On Question, Amendment agreed to.
§
Amendment moved—
Page 34, line 1, leave out ("an") and insert ("a legal aid contribution").—(Viscount Colville of Culross.)
§ On Question, Amendment agreed to.
§ Clause 33, as amended, agreed to.
§ Clauses 34 to 41 agreed to.
§ Clause 42 [Repeals, revocations and savings]:
§
VISCOUNT COLVILLE OF CULROSS moved Amendment No. 6:
Page 40, line 26, leave out subsection (4).
§ The noble Viscount said: This and the subsequent Amendment are really the point of having these Amendments at all 836 because, of course, we now have a slightly different situation about the application of this Bill to Northern Ireland. This Amendment leaves out subsection (4), which was included in the Bill to make sure that the repeal of the existing enactments relating to legal aid and legal advice and assistance did not affect the power to make Orders in Council under Section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972, or the validity of any Order so made. But since the Bill was drafted the Northern Ireland Constitution (Devolution) Order 1973 has appointed January 1 last as the day for the commencement of Part II of the Northern Ireland Constitution Act 1973, and, by virtue of Section 2(4) of that Act, Section 1 of the 1972 Act expired on that day. In any event, no Order in Council has been made under Section 1(3) of the 1972 Act for purposes similar to the Bill; so it follows that Clause 42(4) is no longer needed and should be omitted from the Bill. I would only add that when I was chairman of the Committee I always found the Northern Ireland application question very difficult indeed. I beg to move.
§ On Question, Amendment agreed to.
§ Clause 42, as amended, agreed to.
§ Clause 43 [Short title, construction, commencement and extent]:
§
Amendment moved—
Page 41, line 9, leave out ("with the exception of section 42(4) above").—(Viscount Colville of Culross.)
§ On Question, Amendment agreed to.
§ Clause 43, as amended, agreed to.
§ Schedules agreed to.
§ House resumed: Bill reported, with the Amendments.