Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord McNally and Baroness Buscombe

Tuesday 24th January 2012 Lords Chamber

[Lord McNally]

I think the noble Lord protests too much. I was explaining to him the motivations of the previous Government for bringing in the Proceeds of Crime Act.

[Baroness Buscombe]

My Lords, I was the shadow Minister on the Proceeds of Crime Bill. I have rather a good memory, and I can say that the Minister is absolutely accurate in his comments about why the Government chose not to use the Proceeds of Crime Act as an opportunity for dealing with this issue.

[Lord Bach]

It is very good to have the noble Baroness, Lady Buscombe, joining the debate, but if that was the best defence that the previous Government could put up for that, it was really not satisfactory. I remind the Minister that that argument has been described as,

“fallacious, and easily remedied by the simple implementation of a cap on defence fees, careful supervision by the court and/or an assessment by the court taxing officers, who are familiar with assessing what constitutes ‘reasonable’ costs in such cases”.

If that was the argument put forward by my Government at that time, I say here and now that it was a fallacious argument and not one that the present Government should fall into the trap of adopting.

Children: Criminal Responsibility

Debate between Lord McNally and Baroness Buscombe

Thursday 10th June 2010 Lords Chamber

[Lord McNally]

It is above my pay grade. It is no use the noble Lord saying, “Oh, come on”; he knows darn well that I cannot make that kind of commitment. However, I am sure that the Lord Chancellor will note such a recommendation from such a learned QC.

[Baroness Buscombe]

In developing his thinking, will the Minister look at the tremendous amount of work done by the Conservative Party in opposition in 2001-02, when we looked in great detail at how we prevent young people getting on to the conveyor belt to crime? I think that that would help him. Will the Minister agree to do that?

[Lord McNally]

One of advantages of the coalition is that I am now able to look at the wide body of research that comes from all the parties. I do not think that it is a party political issue; nor is there a simple, ideological solution. However, as a complete newcomer to this issue, I think that some solutions have been found. As I have said previously, we fully intend to follow the direction of travel of the previous Administration, while of course taking into account the experience of our sister coalition party as well.