HL Deb 22 July 1986 vol 479 c189

6 Clause 14, page 10, line 22, at end insert— '(3) The Board shall establish a procedure under which any person whose application for legal aid under this section has been refused may apply to the Board for a review of his application.'.

Lord Cameron of Lochbroom

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 6. It may be for the convenience of the House if I also speak to that part of Amendment No. 12 which inserts a new subsection (5) in Clause 24 of the Bill. These two amendments fulfil the undertaking which the Government gave in Committee in another place to provide on the face of the Bill for the establishment by the board of a review procedure in relation to refusals by the board of applications for legal aid both for civil cases and summary criminal proceedings.

I hope that your Lordships will welcome the amendments. I have especially in mind the discussions that we had on these matters in this House during the earlier course of the Bill, particularly in regard to refusals of criminal legal aid. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Cameron of Lochbroom.)

The Earl of Selkirk

My Lords, this was a point raised strongly in this House. I am grateful to my noble and learned friend for the amendment. It will, I think, give an added sense of confidence to the procedure. Without that, there would have been, I believe, a certain degree of uncertainty. I believe, therefore, that the amendment is a valuable addition.

Lord Elwyn-Jones

My Lords, I respectfully agree that the right to apply to the board for a review of the application is a very important measure. And, if I may say so without being patronising towards another place, it seems to have done some quite good work on this Bill.

On Question, Motion agreed to.