§ 4 Clause 5, page 4, line 9, leave out ("can") and insert ("is required to")
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 7. I shall speak also to Amendments Nos. 22, 23 and 26.
These amendments are intended to clarify which services will be funded under the new criminal defence service scheme, which will replace the existing criminal legal aid scheme.
The new criminal defence service scheme will cover all the main services currently provided by criminal legal aid, including representation in court when this is in the interests of justice, and advice and assistance for suspects being questioned by the police and others involved in criminal investigations.
These services are covered by Clauses 14 and 15, which define the services which the criminal defence service will be under a duty to fund and the ways in which it may fund them. Clause 13(4) looks forward to 404 Clauses 14 and 15 and describes them as specifying the services which the commission must fund. However, it would be possible to conclude from the drafting that a distinction could be drawn between services which must be funded under Clauses 14 and 15 and other criminal defence services which might be funded. This is not the Government's intention. Amendment No. 23 clarifies the position, recasting Clause 13(4) to provide that,
The Commission shall fund services as part of the Criminal Defence Service in accordance with sections 14 and 15".Amendment No. 4 is a consequential drafting change to the reference to the criminal defence service in Clause 5. Amendments Nos. 22 and 26 are drafting amendments relating to the definition of "criminal investigations".
§ Moved, That the House do agree with the Commons in their Amendment No. 4. (The Lord Chancellor.)
§ On Question, Motion agreed to.