Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid

Lord Clinton-Davis Excerpts

Tuesday 21st June 2011 Lords Chamber

[Lord McNally]

I know that my right honourable friend the Lord Chancellor has very regular meetings with the Lord Chief Justice and other senior members of the judiciary. However, those meetings are private and he certainly has not made me aware of whether he has discussed any aspect of these proposals with the Lord Chief Justice or the judiciary. If he has, I shall respond in writing to my noble and learned friend. I am not aware of a formal consultation but, if one has taken place, I shall make him aware of it.

[Lord Clinton-Davis]

When mediation fails, as it sometimes can—and there is plenty of room for obstruction as far as that is concerned—does the noble Lord envisage that a remedy will be available for a person who is prejudiced by that sort of position?

[Lord McNally]

If you were pushing towards mediation but, as the noble Lord says, somebody refused to take up the mediation or tried to sabotage it, that would cause problems. I suspect that that would not be sufficient to enable the injured party to get legal aid if he had been outside its scope. However, again, I shall get clarification on that and, if I am wrong, I shall write to the noble Lord.

[Lord Clinton-Davis]

In any event?

[Lord McNally]

In any event. However, my feeling is that, save in exceptional circumstances, mediation would be the end of the road unless people found a means of financing their litigation other than with legal aid.