Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2012

Lord Howarth of Newport Excerpts

Tuesday 8th January 2013 Lords Chamber

[Lord McNally]

The Government have not withdrawn that concession. This House passed a fatal Motion meaning that that concession was no longer part of the Bill. That was the decision of the House. If I may so in the presence of the noble Lord, Lord Pannick, and of all those who voted for it, I made that very clear to the House before the vote.

[Lord Howarth of Newport]

Instead of continuing to sulk, would it not be proper for the Government to bring forward another order, in which they honour the commitment rightly given to Parliament by the previous Lord Chancellor?

[Lord McNally]

I notice that the noble Lord, Lord Bach, again alleged that that commitment was made. It was not made by the previous Lord Chancellor. The commitment was to examine the case for the First-tier Tribunals. As I have reported back to the House on numerous occasions, the decision was that in the circumstances it was far too expensive. It would be nice to have fatal Motions as yet another round in the legislation process, but I ask the House and the Official Opposition to think carefully. If fatal Motions are going to be used in this way, they have great repercussions, not least on our relationship with the other place.