HL Deb 19 July 1988 vol 499 cc1211-2

28 Clause 45, page 32, line 39, leave out from 'there' to end of line 41.

29 After Clause 45, insert the following new Clause—

Amendments of Legal Aid Act 1974 pending repeal.

'The Legal Aid Act 1974 shall have effect subject to the amendments specified in Schedule (Transitory amendments of Legal Aid Act 1974) to this Act.'.

30 Clause 46, page 33, line I, leave out from beginning to 'shall' in line 3 and insert '(2) Subject to subsections (3) and (3A) below, this Act'. 31 Clause 46, page 33, line 8, at end insert— '(3A) Sections 35 (together with the repeal of section 21 of the Legal Aid Act 1974) and (Amendments of Legal Aid Act 1974 pending repeal) shall come into force on the date on which this Act is passed.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons Amendment No. 28. In moving this amendment, I should like to speak to Amendments Nos. 29, 30, 31, 53, 56 and 57 and to move Amendments Nos. 28 to 31 en bloc.

The intention of the Government is that the majority of this Bill will come into effect on the day that the board takes over its responsibilities formally which will be early in 1989. However, there are three areas where we believe that it will be helpful to have the new powers of the Bill available earlier than that. In order to make this plain, we have spelt these out in the new schedule which is cast in the form of transitory amendments to the 1974 Act and which will come into effect when the Bill receives Royal Assent.

On the day that the rest of the Bill comes into force, the 1974 Act will be repealed. The three specific powers are: first, the powers to make the changes we have already discussed to the operation of the statutory charge. That is an urgent matter and the sooner it is made the better. I hope to make these regulations before the appointed day for the board to take over. I feel that it would put my power to do so beyond doubt to have a clear reference to the power to charge interest on postponed charges on the face of the 1974 Act.

Secondly, the new regime for the determination of rates of remuneration for criminal legal aid. Since the profession will know that it is the intention of the Government that when the next round of remuneration discussions on criminal legal aid due to begin in the autumn are to be conducted against a background of the factors spelt out in the Bill, I felt that it would be helpful to put the legislative status of these factors beyond doubt at the earliest possible moment.

Thirdly, it has always been our intention—and the Bill already provides for this—to abolish what is now the 5 per cent. reduction from the High Court bills on Royal Assent. This is now included in the new schedule so that the profession will not have to wait until the Bill is fully in operation to get the benefit of the elimination of this 5 per cent. deduction. I hope that this aspect of the matter will be welcomed by the profession generally.

Moved, that the House do agree with the Commons in Amendments Nos. 28 to 31 en bloc—(The Lord Chancellor.)

On Question, Motion agreed to.

3.30 p.m.