Report (1st Day)

Part of Legal Aid, Sentencing and Punishment of Offenders Bill – in the House of Lords at 6:45 pm on 5 March 2012.

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Photo of Lord Wallace of Tankerness Lord Wallace of Tankerness Lords Spokesperson (Attorney General's Office), Lords Spokesperson (Wales Office), The Advocate-General for Scotland, Lords Spokesperson (Scotland Office) 6:45, 5 March 2012

Again, my Lords, the noble Lord, Lord Beecham, has indicated that the purpose of his amendment is that any guidance or directions issued under Clause 4 must be reviewed on a regular basis in an interval of not more than three years from the time that they were issued. As I indicated in respect of the previous amendment, it is not possible for any of the directions or guidance to conflict with the secondary legislation made under this part of the Bill.

We believe that the review provided for by the amendment is unnecessary as a statutory requirement. However, I assure the noble Lord and your Lordships' House that the Lord Chancellor will, as a matter of good administration, keep guidance and any directions issued under continual review. Protections are afforded to the director through the operation of Clause 4. There is also an opportunity for transparency, which is achieved through the publication of directions and guidance. These are important safeguards and, in the Government's view, those arrangements are not improved upon or added to by the amendment. As I indicated, in some circumstances there might well be a maximum period of three years, but the amendment poses an additional statutory burden. I have given an assurance that the Lord Chancellor, as a matter of good administration, will keep the guidance and directions under continual review, and I hope that with that reassurance the noble Lord will feel able to withdraw his amendment.