HL Deb 14 July 1999 vol 604 cc494-5

159 Schedule 4, page 61, line 46, at end insert—

("The Criminal Appeal Act 1968 (c.19)

In section 50 of the Criminal Appeal Act 1968 (meaning of "sentence"), at the end insert—

"(3) An order under section 17 of the Access to Justice Act 1999 is not a sentence for the purposes of this Act."").

Lord Falconer of Thoroton

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 159. I wish to speak also to Amendments Nos. 160 to 179 inclusive and Amendments Nos. 209 to 214 inclusive.

This group makes amendments and repeals to other legislation consequential on the replacement of the existing legal aid scheme by the community legal service and criminal defence service. They supplement or correct the consequential amendments already set out in Schedule 4 to the Bill.

Your Lordships will note in particular Amendments Nos. 162 and 173 which amend the Solicitors Act 1974 and the Administration of Justice Act 1985. These Acts provide for professional disciplinary tribunals to exclude solicitors and barristers from undertaking legal aid work. This sanction is predicated on the fact that, at present, all lawyers have a right to take legal aid cases and submit their bill to the Legal Aid Board for payment. In future, however, it will generally be for the legal services commission to decide with whom it will contract or otherwise engage to provide services. I commend these amendments to the House.

Moved, That the House do agree with the Commons in their Amendment No. 159.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.