HL Deb 24 October 1990 vol 522 c1496

231 Page 121, line 18, at end insert:

'7A. In section 36(4) of that Act (witness not to be punished for failing to appear if he is not offered payment of his reasonable expenses of attending), for the words from "the expenses", to the end, there shall be substituted "—

  1. (a) the expenses of coming and attending to give evidence and of returning from giving evidence; and
  2. (b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence,
was tendered to him at the time when the writ was served upon him.".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their

This amendment effects a minor change to Section 36(4) of the Supreme Court Act 1981. At present this subsection prevents a court from punishing a person summoned to give evidence for his absence where he was not given, a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence and of returning from giving evidence". The Supreme Court Procedure Committee has recently recommended that witnesses be able to recover the costs of copying and transporting documents which they were required to bring with them in addition to their travelling expenses. To reflect this, the amendment applies Section 36(4) whenever a person has asked for, but not been given, his costs of attendance and any other reasonable costs of complying with the summons.

Moved, That the House do agree with the Commons in their Amendment No. 231.—(The Lord Chancellor.)

On Question, Motion agreed to.