Legal Aid, Sentencing and Punishment of Offenders Bill — Report (2nd Day) (Continued)

Part of the debate – in the House of Lords at 9:45 pm on 7 March 2012.

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Photo of Lord Beecham Lord Beecham Shadow Spokesperson (Communities and Local Government), Shadow Spokesperson (Health) 9:45, 7 March 2012

My Lords, the noble Lord, Lord Faulks, has made a valid point about education negligence cases. I think the consultation revealed that some respondents were quite supportive of excluding that, which I quite accept would be a sensible measure. The Government's report on the key issues raised referred to suggestions by others that often difficult admission cases arose where clients were, for example, Travellers. The exclusion of education admission matters could prevent discrimination claims from being brought because it would take legal advice to identify that the clients had grounds for discrimination claims. Equally, lack of early advice could ultimately lead to the more expensive procedures of judicial review.

It is unfortunate that the Government do not at this stage wish to move. I clearly will not press the matter and hope that it can be kept under review perhaps, more particularly, in conjunction with the department rather than simply by the Ministry of Justice. As I understand it, there has been a little disconnection between the two on these issues thus far. For the future, I hope that that is something that could be repaired. In the circumstances, I beg leave to withdraw the amendment.

Amendment 20 withdrawn.

Amendment 21

Moved by Baroness Howe of Idlicote

21: Schedule 1, page 125, line 5, at end insert-

"Vulnerable young people

1 (1) Civil legal services provided in relation to advice and proceedings under this paragraph where the applicant or respondent is aged twenty four or under, and-

(a) has a disability under section 6 of the Equality Act 2010;

(b) is a former relevant child care leaver by reference to the Children (Leaving Care) Act 2000;

(c) is a victim of trafficking; or

(d) is a vulnerable person as specified by regulations; or

(e) otherwise falls within the categories of vulnerable young people which the Secretary of State may prescribe in regulations.

(2) Civil legal services provided in relation to advice and proceedings relating to private family law,

(3) Civil legal services provided in relation to advice and proceedings relating to any benefit, allowance, payment, credit or pension under-

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(4) Civil legal services provided in relation to advice and proceedings relating to section 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties) and all areas of education law not otherwise covered in this Schedule.

(5) Civil legal services provided in relation to advice and proceedings relating to all areas of employment law not otherwise covered in this Schedule.

(6) Civil legal services provided in relation to advice and proceedings relating to all areas of housing law not otherwise covered in this Schedule.

(7) Civil legal services provided in relation to advice and proceedings relating to all areas of law related to personal debt not otherwise covered in this Schedule.

(8) Civil legal services provided in relation to advice and proceedings relating to all areas of immigration and asylum law not otherwise covered in this Schedule.

(9) Civil legal services provided in relation to advice and proceedings relating to all areas of clinical negligence law not otherwise covered in this Schedule.

(10) Civil legal services provided in relation to advice and proceedings relating to all areas of consumer law not otherwise covered in this Schedule.

(11) Civil legal services provided in relation to advice and proceedings relating to appeals to the Criminal Injuries Compensation Authority.

(12) Civil legal services provided in relation to advice and proceedings relating to a review or appeal under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007.

(13) Civil legal services provided in relation to advice and proceedings relating to an appeal to the Supreme Court."