HL Deb 25 January 1999 vol 596 cc850-1

5.35 p.m.

The Minister of State, Scottish Office (Lord Macdonald of Tradeston) rose to move, That the draft regulations laid before the House on 1st December 1998 be approved [Second Report from the Joint Committee].

The noble Lord said: My Lords, I beg to move the first statutory instrument standing in my name. It may be convenient if I give a brief explanation of each legal aid regulation we are considering. I shall deal first with the regulations which concern assistance by way of representation.

These regulations extend the availability of assistance by way of representation, which is a form of advice and assistance, as a consequence of the introduction of restriction of liberty orders and drug treatment and testing orders through the Crime and Punishment (Scotland) Act 1997 and the Crime and Disorder Act 1998 respectively.

First, we propose that assistance by way of representation should be available to cover all proceedings in relation to the variation or revocation of the restriction of liberty order or, as the case may be, the failure to comply with any of the requirements of the restriction of liberty order under the Criminal Procedure (Scotland) Act 1995.

Secondly, we propose that assistance by way of representation should be available to cover all proceedings in relation to the variation or revocation or review of a drug treatment and testing order or the failure to comply with any requirement of a drug treatment and testing order under the Criminal Procedure (Scotland) Act 1995. Assistance by way of representation is the most straightforward means to ensure that legal aid is available in relation to such proceedings.

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment (No. 2) Regulations are entirely consequential on the extension of assistance by way of representation. The proposed changes remove the availability of criminal legal aid for proceedings in relation to the variation or revocation of a restriction of liberty order or the failure to comply with any of the requirements of a restriction of liberty order. Similarly, criminal legal aid will no longer be available for proceedings in relation to the variation or revocation or review of a drug treatment and testing order or the failure to comply with any requirement of a drug treatment and testing order. These changes will ensure that there is no duplication in the system and that no administrative inefficiencies are introduced.

The regulations make provision for useful improvements to the system of legal aid in Scotland. I commend the instruments standing in my name to the House.

Moved, That the draft regulations laid before the House on 1st December 1998 be approved [Second Report from the Joint Committee].—(Lord Macdonald of Tradeston.)

Viscount Bridgeman

My Lords, we have no comments on the regulations and agree to the Motion.

On Question, Motion agreed to.