Legal Aid (Northern Ireland) Order 2005

Part of the debate – in the House of Lords at 7:41 pm on 5 December 2005.

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Photo of Lord Kingsland Lord Kingsland Shadow Lord Chancellor, House of Lords, Spokespersons In the Lords, (Assist the Home Affairs Team) 7:41, 5 December 2005

My Lords, I share the noble Baroness's pleasure in hearing that the Lord Chancellor will, in the context of the new powers that this order gives, be prepared to consider the Omagh case. Naturally, I hope that he will consider it favourably, although I understand from the Minister that no undertakings can be given in this respect until the moment comes when the Lord Chancellor has to exercise his discretion.

As the Minister explained, the order grants a power to enable the Lord Chancellor to grant legal aid in exceptional circumstances. As he also explained, the existing statutory basis for the provision of legal aid in Northern Ireland is the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. That order contained no power to grant exceptional legal aid. It seemed that the Lord Chancellor had attempted to commence, in transitional form, the power in question in an earlier 2003 order. This order replaces the transitional mechanism. In as much as it simply provides a new statutory basis for the existing exceptional grant scheme, I support it.