Access to Justice Bill [Lords] — Title — 22 Jun 1999

Amendments made: No. 45, in page 69, line 39, leave out first 'of' and insert 'to'.

No. 46, in page 69, line 42, leave out first 'of' and insert 'to'.

No. 47, in page 70, line 3, leave out first 'of' and insert 'to'.

No. 48, in page 70, line 5, leave out first 'of' and insert 'to'.

No. 49, in page 70, line 6, leave out 'before a court'.

No. 50, in page 70, line 10, leave out first 'of' and insert 'to'.

No. 51, in page 70, line 13, leave out third 'of' and insert 'to'.

No. 52, in page 70, line 16, leave out 'the' and insert 'any'.

No. 53, in page 70, line 18, at end insert--

'(6) The powers of a magistrates' court for any area under this paragraph may be exercised by a single justice of the peace for the area.

(7) Any rules under section 144 of the Magistrates' Courts Act 1980 which provide for the functions of a single justice under sub-paragraph (6) to be exercised by a justices' clerk may make different provision for different areas.'.

No. 54, in page 70, line 21, leave out first 'of' and insert 'to'.

No. 55, in page 70, line 22, leave out 'of' and insert 'to'.

No. 56, in page 70, line 24, leave out third 'of' and insert 'to'.

No. 57, in page 70, line 31, leave out 'of' and insert 'to'.

No. 58, in page 70, line 32, leave out 'of' and insert 'to'.

No. 59, in page 70, line 34, leave out 'of' and insert 'to'.

No. 60, in page 71, line 3, leave out 'of' and insert 'to'.-- [Mr. Hill.]

No. 66, in page 73, line 40, at end insert--

'. The Supreme Court Act 1981 has effect subject to the following amendments.

. In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert--

"(4) In subsection (2)(a), the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999."

. In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert--

"(6) In subsection (3), the reference to the Crown Court's jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999.".'.

No. 67, in page 73, line 41, leave out

'of the Supreme Court Act 1981'.

No. 68, in page 74, line 5, leave out 'of' and insert 'to'.

No. 69, in page 77, line 22, at end insert--

'The Crime and Disorder Act 1998 (c.37)

. The Crime and Disorder Act 1998 has effect subject to the following amendments.

. In section 50(2) (procedure at early administrative hearing), for paragraphs (a) to (c) substitute "the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right."

. In paragraph 3(8) of Schedule 3 (matters which may be contained in a report of an application for dismissal of charges), for paragraph (g) substitute--

"(g) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused."

The Disability Rights Commission Act 1999

. In section 8(4)(a) of the Disability Rights Commission Act 1999 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from "under" to "Board" substitute "imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission".'.-- [Mr. Hill.]

order requiring the taking of that action by the person or body--

(a) he shall afford the person or body, and the person who made the allegation, a reasonable opportunity of appearing before him to make representations; and

(b) having considered any representations from them, he may, in reporting his conclusions, make the order."

(5) In subsections (3) and (4) (reports), after "recommendation" (in each place) insert "or order".

(6) In subsection (6) (duty to have regard to Ombudsman's report), for "subsection (1)(b) or (c)" substitute "subsection (1)(b), (c) or (d)".

(7) For the sidenote substitute "Recommendations and orders.".'.-- [Mr. Vaz.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this, it will be convenient to discuss the following amendments:

Government new clause 9-- Funding of Ombudsman by professional bodies

Government new clause 10-- The Commissioner

Government new clause 11-- Commissioner's functions .

Government new schedule 1-- Legal services complaints commissioner

Government amendment No. 86.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(1A) To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament.".'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

(2) Any appointment of a person as Commissioner shall be for a period of not more than three years; and a person appointed as Commissioner shall hold and vacate office in accordance with the terms of his appointment.

(3) At the end of his term of appointment the Commissioner shall be eligible for re-appointment.

(4) The Commissioner shall not be an authorised advocate, authorised litigator, licensed conveyancer or authorised practitioner (within the meaning of the Courts and Legal Services Act 1990) or a notary.

(5) Schedule ( Legal Services Complaints Commissioner ) (which makes further provision about the Commissioner) has effect.'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

(2) Those powers are--

(a) to require a professional body to provide information, or make reports, to the Commissioner about the handling of complaints about its members,

(b) to investigate the handling of complaints about the members of a professional body,

(c) to make recommendations in relation to the handling of complaints about the members of a professional body,

(d) to set targets in relation to the handling of complaints about the members of a professional body, and

(e) to require a professional body to submit to the Commissioner a plan for the handling of complaints about its members.

(3) Where the Commissioner requires a professional body to submit to him a plan for the handling of complaints about its members but the body--

(a) fails to submit to him a plan which he considers adequate for securing that such complaints are handled effectively and efficiently, or

(b) submits to him such a plan but fails to handle complaints in accordance with it,

he may require the body to pay a penalty.

(4) Before requiring a professional body to pay a penalty under subsection (3) the Commissioner shall afford it a reasonable opportunity of appearing before him to make representations.

(5) The Lord Chancellor shall by order made by statutory instrument specify the maximum amount of any penalty under subsection (3).

(6) In determining the amount of any penalty which a professional body is to be required to pay under subsection (3) the Commissioner shall have regard to all the circumstances of the case, including in particular--

(a) the total number of complaints about members of the body and, where the penalty is imposed in respect of a failure to handle complaints in accordance with a plan, the number of complaints not so handled, and

(b) the assets of the body and the number of its members.

(7) A penalty under subsection (3) shall be paid to the Commissioner who shall pay it to the Lord Chancellor.

(8) Where a direction under subsection (1) in relation to a professional body has been given (and not revoked), section 24(1) of the Courts and Legal Services Act 1990 (power of Legal Services Ombudsman to make recommendations about arrangements for investigation of complaints) shall not have effect in relation to the body.

(9) No order shall be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(10) In this section "professional body" has the same meaning as in section 22 of the Courts and Legal Services Act 1990.'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

(2) Rules made by virtue of subsection (1)--

(a) may provide for the payment of different fees by different descriptions of applicants, but

(b) may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers.

(3) The Lord Chancellor may by order made by statutory instrument--

(a) amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or

(b) vary or revoke an order under paragraph (a).

(4) No order shall be made under subsection (3) unless--

(a) the Lord Chancellor has consulted the Council, and

(b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor.

(6) The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.'.-- [Mr. Vaz.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael J. Martin):

With this, it will be convenient to discuss Government new clause 7-- Fees for solicitor's practising certificates .

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(a) the purposes of the regulation, education and training of solicitors and those wishing to become solicitors, or

(b) both those purposes and such other purposes as the Lord Chancellor considers appropriate.

(2) No order shall be made under this section unless--

(a) the Lord Chancellor has consulted the Master of the Rolls and the Law Society, and

(b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

concerned or to cease to be such a member for a specified period; or

(b) that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates' courts committee or any selection panel for choosing members of such a committee.

(3) The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.

(4) A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

(5) Regulations under subsection (1) may, in particular, prescribe as a description of body one which is for the time being approved by the Lord Chancellor or by a prescribed person.'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

(3) In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for "certain cases" substitute "event of criminal proceedings".'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

(2) In this section--

"United Kingdom judicial office" means the office of--

(a) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,

(b) judge of the Court of Session or sheriff, in Scotland, or

(c) Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and

"relevant international court" means--

(a) any court established for any purposes of the European Communities, or

(b) any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.

(3) A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office--

(a) for the purposes of section 12(1) to (6) of the Supreme Court Act 1981, section 9(1)(c) or (d) of the Administration of Justice Act 1973, section 18 of the Courts Act 1971, section 14 of the Sheriff Courts (Scotland) Act 1907 or section 106 of the County Courts Act (Northern Ireland) 1959 (judicial salaries),

(b) for the purposes of, or of any scheme established by and in accordance with, the Judicial Pensions and Retirement Act 1993, the Judicial Pensions Act 1981, the Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

(c) for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the Court of Session Act 1988 or section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (judicial numbers).

(4) If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

(5) The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

(6) In subsection (5) "appropriate Minister" means--

(a) in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

(b) in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

(7) A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

Schedule

Legal Services Complaints Commissioner

Provision for discharge of functions

1.--(1) The Lord Chancellor may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner

(2) Any such directions shall be published by the Lord Chancellor in such manner as appears to him to be appropriate.

(3) Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.

Delegation of functions

2.--(1) The Commissioner may delegate any of his functions to such members of his staff as he thinks fit.

(2) All reports prepared by or on behalf of the Commissioner must be signed by him.

Remuneration

3.--(1) The Lord Chancellor shall pay to, or in respect of, the Commissioner such amounts--

(a) by way of remuneration, pensions, allowances or gratuities, or

(b) by way of provision for any such benefits,

as he may determine.

(2) If--

(a) the Commissioner ceases to hold office, and

(b) it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation,

the Lord Chancellor may pay to him such sum as the Lord Chancellor may determine.

Staff

4.--(1) The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions.

(2) Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the Lord Chancellor, determine.

(3) The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner's staff who suffer loss of employment or loss or diminution of emoluments.

Annual and other reports

5.--(1) The Commissioner shall make an annual report to the Lord Chancellor on the discharge of his functions during the year to which the report relates.

(2) The Commissioner may, in addition, report to the Lord Chancellor at any time on any matter relating to the discharge of the Commissioner's functions.

(3) The Commissioner shall provide the Lord Chancellor with such information relating to the discharge of his functions as the Lord Chancellor may see fit to require.

(4) The Lord Chancellor shall lay before each House of Parliament a copy of any annual report made to him undersub-paragraph (1).

Accounts and audit

6.--(1) The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.

(2) The accounts shall be kept, and the statement of accounts prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct.

(3) The accounts shall be audited by persons appointed by the Lord Chancellor in respect of each financial year.

(4) The auditors shall send to the Lord Chancellor a copy of the statement of accounts and of their report.

(5) The Lord Chancellor shall lay before each House of Parliament a copy of every statement of accounts and auditors' report sent to him under this paragraph.

Financial provisions

7.--(1) The Lord Chancellor may require any professional body in relation to which a direction under section ( Commissioner's functions ) of this Act has been given (and not revoked) to make payments of such amounts as the Lord Chancellor considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.

(2) To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament.

(3) The Commissioner may, with the approval of the Lord Chancellor, pay fees or allowances to any person who, in the Commissioner's opinion, is qualified to assist him in the discharge of his functions and who so assists him.

Acting Commissioner

10.--(1) The Lord Chancellor may appoint a person to exercise the functions of the Commissioner where--

(a) the Commissioner's office becomes vacant, or

(b) the Commissioner is incapable of exercising his functions or considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).

(2) A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed.

(3) The Lord Chancellor may pay to any person so appointed such remuneration as he may determine.'.-- [Mr. Vaz.]

Brought up, read the First and Second time, and added to the Bill.

I beg to move amendment No. 23, in page 18, line 14, after

'but', insert (subject to subsection (5))'.

Amendment agreed to .

I beg to move amendment No. 98, in page 19, line 3, after 'proceedings', insert

'save those brought under Section 82 of the Environmental Protection Act 1990'.

Amendment, by leave, withdrawn.

Amendment made: No. 32, in page 21, line 19, leave out 'taxing' and insert 'assessment'.-- [Mr. Vaz.]

I beg to move amendment No. 33, in page 22, line 4, leave out 'disability working allowance' and insert 'disabled person's tax credit'.

Mr. Deputy Speaker (Mr. Michael Lord):

With this, it will be convenient to discuss Government amendment No. 82.

Amendment agreed to.

I beg to move amendment No. 34, in page 24, line 31, leave out 'an advocate,' and insert

'a Crown Prosecutor or in any other description of employment,'.

Amendment agreed to.

I beg to move amendment No. 94, in page 27, line 36, at end insert--

'( ) No person shall take or use any name, title or description implying that he is certificated as a notary by the Incorporated Company of Scriveners of London unless he is qualified to practise as a Scrivener notary in accordance with the rules and ordinances of that Company.

( ) A person who contravenes the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale'.

Amendment, by leave, withdrawn.

Ordered,

Ordered,

Ordered,

Amendment made: No. 1, in page 39, line 14, leave out from '(which' to 'has' in line 16 and insert

'makes provision about the enforcement of community orders by the Crown Court)'.-- [Mr. Cranston.]

Ordered,

That clause 70, as amended, be transferred to end of line 32 on page 33.--[ Mr. Vaz. ]

Amendment proposed: No. 100, in page 44, line 34, leave out from beginning to end of line 10 on page 46 and insert--

'Funding

59B.--(1) The Lord Chancellor may pay grants to the Greater London Magistrates' Courts Authority in respect of the Authority's expenditure.

(2) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.

(3) Each London local authority shall pay to the Authority such amount in respect of--

(a) any kind of the Authority's expenditure in any year; or

(b) if less, such amount as may, in relation to that kind of expenditure and that year, be for the time being determined by the Lord Chancellor,

as may be determined in accordance with regulations made by the Lord Chancellor by statutory instrument.

(4) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision--

(a) as to whether payments are to be made by instalments or otherwise;

(b) as to the time when payments are to be made;

(c) conferring a right to interest on anything unpaid; and

(d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).

(5) The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority's expenditure is to be determined.

(6) Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority's expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.

(7) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.--[ Mr. Vaz. ]

Amendment agreed to.

Amendments made: No. 91, in page 62, line 16, leave out '61,' and insert

'61(2), section 70 and Schedule 10 and section ( Adjournment of inquest in event of judicial inquiry ),'.

No. 3, in page 62, line 17, after & 75' insert

', ( Code of conduct )'.-- [Mr. Vaz.]

Amendment made: No. 104, in page 62, line 28, after 'Sections' insert

'( Judges holding office in European or international courts ),'.-- [Mr. Vaz.]

No. 75, in page 89, line 4, leave out '(incorporated practices)'.

No. 76, in page 89, line 10, leave out

'to the Director of Public Prosecutions'.

No. 77, in page 89, line 11, leave out

', if the Director thinks fit,'.

No. 78, in page 89, line 13, at end insert--

'Intervention for breach of rules on practice, conduct and discipline

. In Schedule 1 to the Solicitors Act 1974 (intervention in solicitor's practice), in paragraph 1(1) (circumstances in which Law Society may intervene), in paragraph (c) (failure to comply with rules made by virtue of section 32 or 37(2)(c)), after "section" insert "31,".'.

No. 79, in page 89, line 15, leave out 'the Solicitors Act 1974' and insert 'that Act'.

No. 80, in page 89, line 45, at end insert

'and

(b) whichever of the Society and the Tribunal made it may at any time revoke it.'.

No. 81, in page 90, line 9, at end insert--

'. In section 44(2) of that Act (breach of order by solicitor), for the words from "an order" to the end of paragraph (b) substitute "an order under section 43(2) is in force in respect of a person".'.-- [Mr. Cranston.]

Amendment made: No. 4, in page 106, leave out lines 11 to 13.-- [Mr. Cranston.]

Ordered,

That Schedule 10, as amended, be transferred to end of line 36 on page 91. --[Mr. Cranston.]

Amendments made: No. 105, in page 106, line 20, leave out from beginning to '(definition' in line 19 on page 107 and insert--

'The Public Works Loans Act 1965 (c.63)

. In section 2(1)(a) of the Public Works Loans Act 1965 (authorities to which Public Works Loans Commissioners may make unsecured loans), after sub-paragraph (iv) insert "and

(v) the Greater London Magistrates' Courts Authority;".

The National Loans Act 1968 (c.13)

. In paragraph 1(a) of Schedule 4 to the National Loans Act 1968 (authorities to which local loans may be made), after sub-paragraph (iv) insert "and

(v) the Greater London Magistrates' Courts Authority,".

The Road Traffic Offenders Act 1988 (c.53).

. In section 82(2A) of the Road Traffic Offenders Act 1988'.--

No. 106, in page 107, line 22, at end insert--

'The Local Government and Housing Act 1989 (c.42)

. The Local Government and Housing Act 1989 has effect subject to the following amendments.

. In section 39(1) (authorities to which provisions about revenue accounts and capital apply), after paragraph (e) insert--

No. 112, in page 108, line 15, leave out

'of the Justices of the Peace Act 1997'.-- [Mr. Cranston.]

(3) After that subsection insert--

"(4A) In subsection (1) above "proper officer" means--

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b) in relation to a magistrates' court in Northern Ireland, the clerk of the court.".'.-- [Mr. Cranston.]

Amendments made: No. 82, in page 137, line 45, at end insert--

'Legal aid in Scotland

. If section 32 of this Act comes into force before section 1 of the Tax Credits Act 1999, the reference in section 32 to disabled person's tax credit shall, until section 1 of the Tax Credits Act 1999 comes into force, have effect as a reference to disability working allowance.'.

No. 8, in page 141, line 6, leave out

'coming into force of section 74 of this Act,'

and insert

'Greater London Magistrates' Courts Authority becomes the magistrates' courts committee for Greater London,'.

No. 9, in page 142, line 10, leave out

'begins to act as a magistrates' courts committee,'

and insert

'becomes the magistrates' courts committee for Greater London,'.

No. 10, in page 142, line 12, at end insert--

'(2) For the purposes of sections 39A and 39B of the Justices of the Peace Act 1997 (inserted by section ( Code of conduct ) of this Act) the Authority shall be treated as a magistrates' courts committee until it actually becomes the magistrates' courts committee for Greater London.'.

No. 113, in page 143, line 4, at end insert--

'Stamp duty on transfer schemes

.--(1) Stamp duty shall not be chargeable--

(a) on any scheme under paragraph 32, or

(b) on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Lord Chancellor as made in pursuance of such a scheme.

(2) No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless--

(a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b) it is stamped with the duty to which it would be liable, apart from this paragraph.

(3) Section 12 of the Finance Act 1895 shall not operate to require--

(a) the delivery to the Inland Revenue of a copy of this Act, or

(b) the payment of stamp duty under that section on any copy of this Act,

and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.'.

No. 114, in page 143, line 29, at end insert--

'Pensions of inner London court staff

.--(1) The Lord Chancellor may by order made by statutory instrument make provision about the provision of pensions for or in respect of persons who are or have been members of the inner London court staff.

(2) An order under this paragraph may include provision for, or in connection with--

(a) enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme, and

(b) the administration or management of pension schemes or pension funds.

(3) Provision of the kind specified in sub-paragraph (2)(a) may--

(a) with the consent of the Minister for the Civil Service, include provision for section 1 of the Superannuation Act 1972 (pensions of civil servants etc) to apply to persons who are or have been members of the inner London court staff, or

(b) include provision for persons who have been members of the inner London court staff but who are employees of the Greater London Magistrates' Courts Authority by virtue of a scheme under paragraph 32 to be regarded as continuing to be members of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs).

(4) An order under this paragraph containing provision of the kind specified in sub-paragraph (3)(a) may also contain provision for such body or person as may be specified in the order to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision (so far as referable to that body or person) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(5) Where an order is made under this paragraph containing provision of the kind specified in sub-paragraph (3)(a), the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit--

(a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to persons who are or have been members of the inner London court staff, or

(b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person.

(6) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under sub-paragraph (5)(a) may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

(7) Where a person is authorised under sub-paragraph (5)(b) or (6) to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

(8) Sub-paragraph (7) does not apply for the purposes of--

(a) any criminal proceedings against the authorised person (or any employee of his), or

(b) any contract between him and the person who authorised him, so far as relating to the function.

(9) An order under this paragraph may provide that any enactment repealed by this Act shall continue to have effect for any purpose specified in the order with such modifications as may be so specified.

(10) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) In this paragraph the "inner London court staff" means--

(a) the justices' chief executive employed by the magistrates' courts committee for the area consisting of the inner London boroughs,

(b) any justices' clerk for that area, and

(c) staff of the magistrates' courts committee for that area.'.-- [Mr. Cranston.]

Amendments made: No. 83, in page 145, line 54, at end insert--

'1998 c. 37. The Crime and Disorder Act 1998. Section 49(1)(j).

Section 50(5).

In Schedule 8, paragraph 67.'.

No. 84, in page 146, line 12, column 3, leave out from 'section' to end of line 14 and insert

'32(4), the words "to the Director of Public Prosecutions" and the words ", if the Director thinks fit,".'.

No. 93, in page 146, line 36, column 3, at beginning insert 'Section 9(2)(g).'.

No. 85, in page 146, line 37, column 3, after '2,' insert

'in paragraph 3, the words "to the Director of Public Prosecutions" and the words ", if the Director thinks fit," and,'.

No. 86, in page 147, line 24, column 3, at end insert--

'In Schedule 3--

in paragraph 3, in sub-paragraph (1) the words "with the approval of the Treasury" and, in sub-paragraph (2), the words ", with the consent of the Treasury,",

in paragraph 4(2) the words "given with the consent of the Treasury", and

in paragraph 9(3), the words "with the approval of the Treasury".'.

No. 115, in page 155, line 21, at end insert--

'1965 c. 63. The Public Works Loans Act 1965. In section 2(1)(a), the word "and" at the end of sub-paragraph (iii).

No. 116, in page 155, line 24, at end insert--

'1968 c. 13. The National Loans Act 1968. In Schedule 4, in paragraph 1(a), the word "and" at the end of sub-paragraph (iii).

1971 c. 56. The Pensions (Increase) Act 1971. In Schedule 6, paragraph (d).'

No. 117, in page 155, leave out lines 27 to 35.

No. 118, in page 155, leave out line 44.-- [Mr. Cranston.]

Ordered,

That Part IV(5) (Enforcement of community orders) of Schedule 14 be transferred to end of line 27 on page 148.--[ Mr. Vaz. ]

Amendment made: No. 119, line 4, leave out from 'appeals' to 'court' in line 8 and insert ', courts, judges and'.-- [Mr. Cranston.]

Order for Third Reading read.--[Queen's consent, on behalf of the Crown, signified.]

I beg to move, That the Bill be now read the Third time.

The Bill has been before Parliament since December and has made good progress. We have already paid tribute during its course to the various people who have contributed to it both here and in another place, but I add my personal thanks to the excellent officials of my Department.

As the Lord Chancellor has said, the Bill aims to improve access to justice. We are determined to build structures and to provide services that go further towards meeting people's needs than legal services do at present. That is the purpose of the community legal service. That is why we are introducing contracting for legal services with quality assured suppliers, extending the use of conditional fees and rights of audience, and reforming the magistrates courts system.

Many clever, dedicated, hard working people do their best to meet the needs of legal services. However, the existing system does not meet the needs of ordinary people, those with little money or run-of-the-mill cases. We want to re-orient legal services to make them more customer focused and to base them on a real assessment of need. To that end, the Bill sets up the community legal service, which will have the dual tasks of considering the need for civil and family legal services and putting in place the services required to meet those needs, as far as available resources will allow.

We are creating a criminal defence service to replace criminal legal aid. Publicly funded criminal defence services will continue to be available in all cases where the interests of justice require it. We are making success fees, conditional fee arrangements and insurance premiums recoverable in costs. We intend to extend the use of no win, no fee agreements. No hon. Member has successfully demonstrated that they are not the best possible way to extend access to justice in many cases. They will open up the law to many people to whom legal aid is currently not available.

We are reforming rights of audience by giving full rights to all lawyers who are suitably qualified and we are setting up a system to encourage the regulation of the legal professions to change with the times. We have put in place this very evening a means to encourage professional legal bodies, and in particular the Law Society, to handle complaints from customers much better. We hope never to use them but we would have failed in our duty if we had not acted. We are ensuring that civil appeals will be held at the right level and dealt with in a way proportionate to their weight and complexity.

Lastly, we are changing the organisation and management of magistrates courts, the better to serve the public and help our plans for better co-ordination in the civil justice system. I think that hon. Members will see that this is an impressive agenda for change. The creation of a community legal service is the most innovative part of the Bill and I believe that it will prove to be the most far-reaching proposal. The legal aid system was set up in a different world where recourse to law was far less frequent. The system has since grown substantially in real terms.

A Government bent on modernising and improving the whole range of public services must also look to see whether legal aid is being used in the right way. The

22 Jun 1999 : Column 1069

striking feature of our legal aid system is that it is not based on an objective assessment of what is needed. Nor do we know whether the outcome of the expenditure is the best that could be achieved. Of course, many worthwhile cases are supported and will continue to be supported, but other cases are supported in which there must be doubt as to whether pursuing them represents good use of public money. I, for one, would not wish to see taxpayers' money spent on funding legal services where alternatives are available.

Question put, That the Bill be now read the Third time:--

The House divided: Ayes 301, Noes 151.

Historical Hansard | Online Hansard |

Public Whip is run as a free not-for-profit free service. If you'd like to support us, please consider switching your electricity and/or gas to Bulb Energy who provide 100% renewable electricity and tend to be 20% cheaper than the 'Big Six'. They'll also pay any exit fees (up to £120) from your old supplier AND give you (and us) a £50 credit for joining up via our Bulb Referral Link.

Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Aye)Minority (No)BothTurnout
Con0 128 (+2 tell)080.2%
Lab301 (+2 tell) 0072.8%
LDem0 21045.7%
UUP0 2020.0%
Total:301 151071.9%

All MPs Eligible to Vote - sorted by party

Includes MPs who were absent (or abstained) from this vote.

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
Peter AinsworthEast SurreyConno
Sir David AmessSouthend WestCon (front bench)no
Michael AncramDevizesCon (front bench)no
James ArbuthnotNorth East HampshireCon (front bench)no
Tony BaldryBanburyCon (front bench)no
John BercowBuckinghamCon (front bench)no
Paul BeresfordMole ValleyCon (front bench)no
Crispin BluntReigateCon (front bench)no
Mr Richard BodyBoston and SkegnessConno
Tim BoswellDaventryCon (front bench)no
Mrs Virginia BottomleySouth West SurreyConno
Graham BradyAltrincham and Sale WestCon (front bench)no
Julian BrazierCanterburyCon (front bench)no
Mr Peter BrookeCities of London and WestminsterCon (front bench)no
Angela BrowningTiverton and HonitonCon (front bench)no
Mr Ian BruceSouth DorsetConno
Simon BurnsWest ChelmsfordConno
John ButterfillBournemouth WestConno
Bill CashStoneCon (front bench)no
Christopher ChopeChristchurchConno
James ClappisonHertsmereCon (front bench)no
Mr Tim CollinsWestmorland and LonsdaleConno
Patrick CormackSouth StaffordshireCon (front bench)no
Mr James CranBeverley and HoldernessConno
David CurrySkipton and RiponConno
Quentin DaviesGrantham and StamfordConno
David DavisHaltemprice and HowdenCon (front bench)no
Mr Stephen DayCheadleContellno
Stephen DorrellCharnwoodConno
Alan DuncanRutland and MeltonCon (front bench)no
Iain Duncan SmithChingford and Woodford GreenCon (front bench)no
Sir Peter EmeryEast DevonConno
Nigel EvansRibble ValleyConno
Mr David FaberWestburyConno
Michael FabricantLichfieldCon (front bench)no
Michael FallonSevenoaksConno
Mr Howard FlightArundel and South DownsCon (front bench)no
Eric ForthBromley and ChislehurstConno
Mr Norman FowlerSutton ColdfieldConno
Liam FoxWoodspringCon (front bench)no
Christopher FraserMid Dorset and North PooleConno
Roger GaleNorth ThanetCon (front bench)no
Edward GarnierHarboroughCon (front bench)no
Nick GibbBognor Regis and LittlehamptonCon (front bench)no
Mr Christopher GillLudlowConno
Dame Cheryl GillanChesham and AmershamCon (front bench)no
Mrs Teresa GormanBillericayConno
James GrayNorth WiltshireCon (front bench)no
Damian GreenAshfordCon (front bench)no
John GreenwayRyedaleConno
Dominic GrieveBeaconsfieldCon (front bench)no
John GummerSuffolk CoastalConno
Sir Archie HamiltonEpsom and EwellCon (front bench)no
Philip HammondRunnymede and WeybridgeCon (front bench)no
Mr Nick HawkinsSurrey HeathConno
John HayesSouth Holland and The DeepingsCon (front bench)no
Oliver HealdNorth East HertfordshireCon (front bench)no
Douglas HoggSleaford and North HykehamConno
Michael HowardFolkestone and HytheConno
Gerald HowarthAldershotCon (front bench)no
Michael JackFyldeConno
Bernard JenkinNorth EssexCon (front bench)no
Robert KeySalisburyConno
Mr Tom KingBridgwaterCon (front bench)no
Julie KirkbrideBromsgroveConno
Eleanor LaingEpping ForestCon (front bench)no
Jacqui LaitBeckenhamContellno
Andrew LansleySouth CambridgeshireCon (front bench)no
Edward LeighGainsboroughCon (front bench)no
Oliver LetwinWest DorsetCon (front bench)no
Julian LewisNew Forest EastCon (front bench)no
David LidingtonAylesburyCon (front bench)no
Sir Peter LloydFarehamConno
Tim LoughtonEast Worthing and ShorehamCon (front bench)no
Peter LuffMid WorcestershireCon (front bench)no
Andrew MacKayBracknellConno
David MacleanPenrith and The BorderConno
Mr David MadelSouth West BedfordshireConno
Humfrey MalinsWokingConno
Michael MatesEast HampshireConno
Dr Brian MawhinneyNorth West CambridgeshireConno
Theresa MayMaidenheadCon (front bench)no
Patrick McLoughlinWest DerbyshireCon (front bench)no
Malcolm MossNorth East CambridgeshireConno
Mr Archie NormanTunbridge WellsConno
Richard OttawayCroydon SouthCon (front bench)no
Mr Richard PageSouth West HertfordshireConno
James PaiceSouth East CambridgeshireCon (front bench)no
Owen PatersonNorth ShropshireCon (front bench)no
Eric PicklesBrentwood and OngarCon (front bench)no
Mr David PriorNorth NorfolkConno
John RandallUxbridgeCon (front bench)no
John RedwoodWokinghamCon (front bench)no
Andrew RobathanBlabyCon (front bench)no
Laurence RobertsonTewkesburyCon (front bench)no
Mrs Marion RoeBroxbourneConno
David RuffleyBury St EdmundsCon (front bench)no
Mr Jonathan SayeedMid BedfordshireConno
Keith SimpsonMid NorfolkCon (front bench)no
Nicholas SoamesMid SussexConno
Michael SpicerWest WorcestershireCon (front bench)no
Richard SpringWest SuffolkConno
Mr Nick St AubynGuildfordConno
John StanleyTonbridge and MallingCon (front bench)no
Anthony SteenTotnesConno
Gary StreeterSouth West DevonCon (front bench)no
Desmond SwayneNew Forest WestCon (front bench)no
Robert SymsPooleCon (front bench)no
Peter TapsellLouth and HorncastleConno
Ian TaylorEsher and WaltonConno
Mr John TaylorSolihullConno
Mr Teddy TaylorRochford and Southend EastConno
David TredinnickBosworthCon (front bench)no
Mr Michael TrendWindsorConno
Andrew TyrieChichesterCon (front bench)no
Peter ViggersGosportConno
Robert WalterNorth DorsetCon (front bench)no
Charles WardleBexhill and Battlewhilst Conno
Nigel WatersonEastbourneConno
Mr Bowen WellsHertford and StortfordConno
Sir Ray WhitneyWycombeConno
John WhittingdaleMaldon and East ChelmsfordConno
Ann WiddecombeMaidstone and The WealdConno
Mr John WilkinsonRuislip - NorthwoodConno
David WillettsHavantCon (front bench)no
Ann WintertonCongletonConno
Nicholas WintertonMacclesfieldConno
Shaun WoodwardWitneywhilst Con (front bench)no
Tim YeoSouth SuffolkCon (front bench)no
George YoungNorth West HampshireCon (front bench)no
Mr David AtkinsonBournemouth EastConabsent
Peter AtkinsonHexhamConabsent
Peter BottomleyWorthing WestCon (front bench)absent
Sir Sydney ChapmanChipping BarnetConabsent
Mr Alan ClarkKensington and ChelseaConabsent
Dr Michael ClarkRayleighConabsent
Kenneth ClarkeRushcliffeConabsent
Geoffrey Clifton-BrownCotswoldCon (front bench)absent
Mr Michael ColvinRomseyConabsent
Mr Alastair GoodladEddisburyConabsent
William HagueRichmond (Yorks)Con (front bench)absent
Mr Edward HeathOld Bexley and SidcupConabsent
David Heathcoat-AmoryWellsConabsent
Mr Michael HeseltineHenleyConabsent
John HoramOrpingtonConabsent
Mr Andrew HunterBasingstokeConabsent
Robert JacksonWantageConabsent
Sir Geoffrey Johnson SmithWealdenConabsent
Peter LilleyHitchin and HarpendenConabsent
Sir Nicholas LyellNorth East BedfordshireConabsent
Mr John MacGregorSouth NorfolkConabsent
Mr John MajorHuntingdonConabsent
John MaplesStratford-on-AvonCon (front bench)absent
Francis MaudeHorshamCon (front bench)absent
Anne McIntoshVale of YorkConabsent
Mr Patrick NichollsTeignbridgeConabsent
Mr Andrew RoweFaversham and Mid KentConabsent
Mrs Gillian ShephardSouth West NorfolkConabsent
Richard ShepherdAldridge-BrownhillsCon (front bench)absent
Caroline SpelmanMeridenCon (front bench)absent
Mr John TownendEast YorkshireConabsent
David WilshireSpelthorneConabsent
Alan HaselhurstSaffron WaldenDeputy Speaker (front bench)absent
Michael LordCentral Suffolk and North IpswichDeputy Speaker (front bench)absent
Michael MartinGlasgow Springburnwhilst Deputy Speaker (front bench)absent
Ian PaisleyNorth AntrimDUP (front bench)absent
Peter RobinsonBelfast EastDUPabsent
Mr Martin BellTattonIndependentabsent
Dennis CanavanFalkirk Westwhilst Independentabsent
Tommy GrahamWest Renfrewshirewhilst Independent Labourabsent
Diane AbbottHackney North and Stoke NewingtonLab (minister)aye
Mrs Irene AdamsPaisley NorthLab (minister)aye
Nick AingerCarmarthen West and South PembrokeshireLabaye
Douglas AlexanderPaisley SouthLabaye
Graham AllenNottingham NorthLab (minister)aye
Mr Donald AndersonSwansea EastLab (minister)aye
Hilary ArmstrongNorth West DurhamLab (minister)aye
Charlotte AtkinsStaffordshire MoorlandsLabaye
John AustinErith and ThamesmeadLabaye
Mr Tony BanksWest HamLab (minister)aye
Mr Harry BarnesNorth East DerbyshireLabaye
Kevin BarronRother ValleyLab (minister)aye
Hugh BayleyCity of YorkLab (minister)aye
Mr Nigel BeardBexleyheath and CrayfordLabaye
Margaret BeckettDerby SouthLab (minister)aye
Anne BeggAberdeen SouthLab (minister)aye
Hilary BennLeeds CentralLabaye
Mr Tony BennChesterfieldLabaye
Mr Andrew BennettDenton and ReddishLabaye
Joe BentonBootleLab (minister)aye
Clive BettsSheffield, AttercliffeLab (minister)tellaye
Liz BlackmanErewashLabaye
Hazel BlearsSalfordLabaye
Mr Paul BoatengBrent SouthLab (minister)aye
David BorrowSouth RibbleLabaye
Mr Keith BradleyManchester, WithingtonLab (minister)aye
Mr Peter BradleyThe WrekinLabaye
Ben BradshawExeterLab (minister)aye
Russell BrownDumfriesLabaye
Des BrowneKilmarnock and LoudounLab (minister)aye
Karen BuckRegent's Park and Kensington NorthLab (minister)aye
Richard BurdenBirmingham, NorthfieldLabaye
Colin BurgonElmetLabaye
Richard CabornSheffield CentralLab (minister)aye
Alan CampbellTynemouthLab (minister)aye
Mrs Anne CampbellCambridgeLabaye
Ronnie CampbellBlyth ValleyLab (minister)aye
Mr Dale Campbell-SavoursWorkingtonLab (minister)aye
Mr Jamie CannIpswichLabaye
Mr Roger CasaleWimbledonLabaye
Ian CawseyBrigg and GooleLabaye
Ben ChapmanWirral SouthLabaye
David ChaytorBury NorthLabaye
Michael ClaphamBarnsley West and PenistoneLabaye
Dr David ClarkSouth ShieldsLabaye
Ms Helen ClarkPeterboroughLabaye
Dr Lynda ClarkEdinburgh PentlandsLab (minister)aye
Paul ClarkGillinghamLabaye
Charles ClarkeNorwich SouthLab (minister)aye
Tom ClarkeCoatbridge and ChrystonLabaye
Mr Tony ClarkeNorthampton SouthLabaye
David ClellandTyne BridgeLab (minister)aye
Ann ClwydCynon ValleyLab (minister)aye
Vernon CoakerGedlingLabaye
Ann CoffeyStockportLabaye
Harry CohenLeyton and WansteadLabaye
Mr Iain ColemanHammersmith and FulhamLabaye
Mr Tony ColmanPutneyLabaye
Michael ConnartyFalkirk EastLab (minister)aye
Frank CookStockton NorthLabaye
Mr Robin CorbettBirmingham, ErdingtonLab (minister)aye
Jeremy CorbynIslington NorthLabaye
Ms Jean CorstonBristol EastLabaye
Jim CousinsNewcastle upon Tyne CentralLabaye
Professor Ross CranstonDudley NorthLab (minister)aye
David CrausbyBolton North EastLab (minister)aye
John CryerHornchurchLab (minister)aye
John CummingsEasingtonLabaye
Jim CunninghamCoventry SouthLab (minister)aye
Mr Tam DalyellLinlithgowLabaye
Alistair DarlingEdinburgh CentralLab (minister)aye
Mr Keith DarvillUpminsterLabaye
Mrs Valerie DaveyBristol WestLabaye
Ian DavidsonGlasgow PollokLab (minister)aye
Mr Denzil DaviesLlanelliLabaye
Mr Hilton DawsonLancaster and WyreLabaye
John DenhamSouthampton, ItchenLab (minister)aye
Andrew DismoreHendonLabaye
Jim DobbinHeywood and MiddletonLabaye
Brian H DonohoeCunninghame SouthLab (minister)aye
Frank DoranAberdeen CentralLabaye
Jim DowdLewisham WestLab (minister)aye
David DrewStroudLab (minister)aye
Gwyneth DunwoodyCrewe and NantwichLabaye
Angela EagleWallaseyLab (minister)aye
Maria EagleLiverpool, GarstonLab (minister)aye
Clive EffordElthamLab (minister)aye
Louise EllmanLiverpool, RiversideLab (minister)aye
Jeff EnnisBarnsley East and MexboroughLabaye
Mark FisherStoke-on-Trent CentralLabaye
Ms Lorna FitzsimonsRochdaleLabaye
Caroline FlintDon ValleyLab (minister)aye
Barbara FollettStevenageLabaye
Michael FosterWorcesterLabaye
Michael Jabez FosterHastings and RyeLabaye
Mr George FoulkesCarrick, Cumnock and Doon ValleyLab (minister)aye
George GallowayGlasgow KelvinLabaye
Mike GapesIlford SouthLabaye
Barry GardinerBrent NorthLab (minister)aye
Bruce GeorgeWalsall SouthLabaye
Neil GerrardWalthamstowLabaye
Ian GibsonNorwich NorthLabaye
Linda GilroyPlymouth, SuttonLabaye
Dr Norman GodmanGreenock and InverclydeLabaye
Roger GodsiffBirmingham, Sparkbrook and Small HeathLabaye
Paul GogginsWythenshawe and Sale EastLabaye
Mrs Llin GoldingNewcastle-under-LymeLab (minister)aye
Mrs Eileen GordonRomfordLabaye
Ms Jane GriffithsReading EastLabaye
Nigel GriffithsEdinburgh SouthLabaye
Mr Win GriffithsBridgendLabaye
John GroganSelbyLab (minister)aye
Mike HallWeaver ValeLab (minister)aye
Patrick HallBedfordLabaye
Fabian HamiltonLeeds North EastLab (minister)aye
David HansonDelynLab (minister)aye
Harriet HarmanCamberwell and PeckhamLab (minister)aye
John HealeyWentworthLab (minister)aye
Mr Ivan HendersonHarwichLabaye
Stephen HepburnJarrowLab (minister)aye
John HeppellNottingham EastLabaye
Stephen HesfordWirral WestLabaye
Patricia HewittLeicester WestLab (minister)aye
Keith HillStreathamLab (minister)aye
Mr David HinchliffeWakefieldLabaye
Margaret HodgeBarkingLab (minister)aye
Kate HoeyVauxhallLab (minister)aye
Jimmy HoodClydesdaleLab (minister)aye
Geoff HoonAshfieldLab (minister)aye
Phil HopeCorbyLabaye
Kelvin HopkinsLuton NorthLabaye
Kim HowellsPontypriddLab (minister)aye
Lindsay HoyleChorleyLab (minister)aye
Beverley HughesStretford and UrmstonLabaye
Joan HumbleBlackpool North and FleetwoodLabaye
Mr Alan HurstBraintreeLabaye
John HuttonBarrow and FurnessLab (minister)aye
Brian IddonBolton South EastLabaye
Eric IllsleyBarnsley CentralLabaye
Glenda JacksonHampstead and HighgateLab (minister)aye
Mrs Helen JacksonSheffield, HillsboroughLabaye
Mr David JamiesonPlymouth, DevonportLab (minister)aye
Brian JenkinsTamworthLabaye
Alan JohnsonKingston upon Hull West and HessleLabaye
Mr Barry JonesAlyn and DeesideLabaye
Fiona JonesNewarkLabaye
Helen JonesWarrington NorthLab (minister)aye
Mr Jon Owen JonesCardiff CentralLab (minister)aye
Lynne JonesBirmingham, Selly OakLabaye
Martyn JonesClwyd SouthLabaye
Tessa JowellDulwich and West NorwoodLab (minister)aye
Sally KeebleNorthampton NorthLabaye
Alan KeenFeltham and HestonLabaye
Ann KeenBrentford and IsleworthLabaye
Jane KennedyLiverpool, WavertreeLab (minister)aye
Piara S KhabraEaling, SouthallLabaye
David KidneyStaffordLabaye
Peter KilfoyleLiverpool, WaltonLab (minister)aye
Mr Andy KingRugby and KenilworthLabaye
Ms Oona KingBethnal Green and BowLab (minister)aye
Ashok KumarMiddlesbrough South and East ClevelandLabaye
Stephen LadymanSouth ThanetLabaye
Mrs Jackie LawrencePreseli PembrokeshireLabaye
David LepperBrighton, PavilionLabaye
Chris LeslieShipleyLabaye
Tom LevittHigh PeakLabaye
Ivan LewisBury SouthLab (minister)aye
Mr Terry LewisWorsleyLabaye
Mrs Helen LiddellAirdrie and ShottsLab (minister)aye
Martin LintonBatterseaLabaye
Ken LivingstoneBrent Eastwhilst Labaye
Tony LloydManchester CentralLab (minister)aye
Mr David LockWyre ForestLabaye
Andrew LoveEdmontonLab (minister)aye
Mr Calum MacDonaldNa h-Eileanan an IarLab (minister)aye
Fiona MactaggartSloughLabaye
Mrs Alice MahonHalifaxLabaye
Judy MallaberAmber ValleyLabaye
Mr Peter MandelsonHartlepoolLabaye
Mr Paul MarsdenShrewsbury and AtchamLabaye
David MarshallGlasgow ShettlestonLabaye
Dr Jim MarshallLeicester SouthLabaye
Robert Marshall-AndrewsMedwayLabaye
Eric MartlewCarlisleLabaye
Mr John MaxtonGlasgow CathcartLab (minister)aye
Thomas McAvoyGlasgow RutherglenLab (minister)aye
Steve McCabeBirmingham, Hall GreenLab (minister)aye
Siobhain McDonaghMitcham and MordenLabaye
John Martin McDonnellHayes and HarlingtonLab (minister)aye
Anne McGuireStirlingLab (minister)tellaye
Shona McIsaacCleethorpesLabaye
Rosemary McKennaCumbernauld and KilsythLabaye
Tony McNultyHarrow EastLabaye
Mr Tony McWalterHemel HempsteadLabaye
Mr John McWilliamBlaydonLabaye
Michael MeacherOldham West and RoytonLab (minister)aye
Alan MealeMansfieldLab (minister)aye
Gillian MerronLincolnLabaye
Mr Bill MichieSheffield, HeeleyLabaye
Alan MilburnDarlingtonLab (minister)aye
Andrew MillerEllesmere Port and NestonLabaye
Austin MitchellGreat GrimsbyLab (minister)aye
Dr Lewis MoonieKirkcaldyLab (minister)aye
Margaret MoranLuton SouthLabaye
Julie MorganCardiff NorthLabaye
Elliot MorleyScunthorpeLab (minister)aye
Kali MountfordColne ValleyLabaye
George MudieLeeds EastLab (minister)aye
Chris MullinSunderland SouthLabaye
Denis MurphyWansbeckLabaye
Jim MurphyEast RenfrewshireLabaye
Doug NaysmithBristol North WestLabaye
Dan NorrisWansdykeLabaye
Mike O'BrienNorth WarwickshireLab (minister)aye
Bill OlnerNuneatonLabaye
Mrs Diana OrganForest of DeanLabaye
Sandra OsborneAyrLab (minister)aye
Nick PalmerBroxtoweLabaye
Ian PearsonDudley SouthLabaye
Mr Tom PendryStalybridge and HydeLabaye
Mr Colin PickthallWest LancashireLabaye
Mr Peter PikeBurnleyLabaye
James PlaskittWarwick and LeamingtonLabaye
Mr Kerry PollardSt AlbansLabaye
Greg PopeHyndburnLab (minister)aye
Steve PoundEaling NorthLab (minister)aye
Mr Raymond PowellOgmoreLabaye
Bridget PrenticeLewisham EastLabaye
Gordon PrenticePendleLabaye
Ken PurchaseWolverhampton North EastLabaye
Ms Joyce QuinGateshead East and Washington WestLab (minister)aye
Mr Lawrie QuinnScarborough and WhitbyLabaye
Mr Giles RadiceNorth DurhamLab (minister)aye
Bill RammellHarlowLabaye
Nick RaynsfordGreenwich and WoolwichLab (minister)aye
Andy ReedLoughboroughLabaye
Mrs Barbara RocheHornsey and Wood GreenLab (minister)aye
Mr Jeff RookerBirmingham, Perry BarrLab (minister)aye
Terry RooneyBradford NorthLabaye
Mr Ernie RossDundee WestLabaye
Mr Ted RowlandsMerthyr Tydfil and RhymneyLab (minister)aye
Frank RoyMotherwell and WishawLabaye
Chris RuaneVale of ClwydLab (minister)aye
Joan RuddockLewisham, DeptfordLabaye
Christine RussellCity of ChesterLabaye
Martin SalterReading WestLabaye
Mohammad SarwarGlasgow GovanLabaye
Mr Malcolm SavidgeAberdeen NorthLabaye
Mr Phil SawfordKetteringLabaye
Mr Brian SedgemoreHackney South and ShoreditchLabaye
Barry SheermanHuddersfieldLabaye
Clare ShortBirmingham, LadywoodLab (minister)aye
Alan SimpsonNottingham SouthLabaye
Marsha SinghBradford WestLabaye
Dennis SkinnerBolsoverLabaye
Angela SmithBasildonLabaye
Mr Chris SmithIslington South and FinsburyLab (minister)aye
Jacqui SmithRedditchLabaye
John SmithVale of GlamorganLabaye
Mr Llew SmithBlaenau GwentLabaye
Mr Peter SnapeWest Bromwich EastLabaye
Mr Clive SoleyEaling, Acton and Shepherd's BushLab (minister)aye
John SpellarWarleyLab (minister)aye
Rachel SquireDunfermline WestLabaye
Phyllis StarkeyMilton Keynes South WestLabaye
Mr Gerry SteinbergCity of DurhamLabaye
Mr David StewartInverness East, Nairn and LochaberLabaye
Ian StewartEcclesLabaye
Mr Paul StinchcombeWellingboroughLabaye
Howard StoateDartfordLabaye
Mr Roger StottWiganLabaye
Gavin StrangEdinburgh East and MusselburghLabaye
Graham StringerManchester, BlackleyLab (minister)aye
Gisela StuartBirmingham, EdgbastonLabaye
Mrs Ann TaylorDewsburyLab (minister)aye
Dari TaylorStockton SouthLabaye
Mr Gareth ThomasClwyd WestLabaye
Gareth ThomasHarrow WestLab (minister)aye
Stephen TimmsEast HamLab (minister)aye
Paddy TippingSherwoodLab (minister)aye
Mark ToddSouth DerbyshireLabaye
Don TouhigIslwynLabaye
Jon TrickettHemsworthLabaye
Mr Dennis TurnerWolverhampton South EastLab (minister)aye
Desmond TurnerBrighton, KemptownLabaye
Derek TwiggHaltonLabaye
Stephen TwiggEnfield, SouthgateLab (minister)aye
Keith VazLeicester EastLab (minister)aye
Joan WalleyStoke-on-Trent NorthLab (minister)aye
Claire WardWatfordLabaye
Robert WareingLiverpool, West DerbyLabaye
Dave WattsSt Helens NorthLab (minister)aye
Alan WhiteheadSouthampton, TestLab (minister)aye
Malcolm WicksCroydon NorthLabaye
Dr Alan WilliamsCarmarthen East and DinefwrLabaye
Alan WilliamsSwansea WestLabaye
Michael WillsNorth SwindonLab (minister)aye
David WinnickWalsall NorthLab (minister)aye
Rosie WintertonDoncaster CentralLabaye
Ms Audrey WisePrestonLabaye
Mike WoodBatley and SpenLabaye
Phil WoolasOldham East and SaddleworthLabaye
Anthony D WrightGreat YarmouthLabaye
Bob AinsworthCoventry North EastLab (minister)absent
Janet AndersonRossendale and DarwenLab (minister)absent
Mr Joe AshtonBassetlawLababsent
Ms Candy AthertonFalmouth and CamborneLababsent
John BattleLeeds WestLab (minister)absent
Stuart BellMiddlesbroughLab (minister)absent
Mr Gerry BerminghamSt Helens SouthLababsent
Roger BerryKingswoodLababsent
Mr Harold BestLeeds North WestLababsent
Tony BlairSedgefieldLab (minister)absent
Bob BlizzardWaveneyLababsent
David BlunkettSheffield, BrightsideLab (minister)absent
Gordon BrownDunfermline EastLab (minister)absent
Nick BrownNewcastle upon Tyne East and WallsendLab (minister)absent
Mrs Christine ButlerCastle PointLababsent
Stephen ByersNorth TynesideLab (minister)absent
Mr Ivor CaplinHoveLababsent
Martin CatonGowerLab (minister)absent
Malcolm ChisholmEdinburgh North and LeithLababsent
Ms Judith ChurchDagenhamLababsent
Mr Eric ClarkeMidlothianLababsent
Robin CookLivingstonLab (minister)absent
Yvette CooperPontefract and CastlefordLab (minister)absent
Mr Tom CoxTootingLababsent
Ann CryerKeighleyLababsent
Mr Lawrence CunliffeLeighLababsent
Dr Jack CunninghamCopelandLab (minister)absent
Claire Curtis-ThomasCrosbyLababsent
Geraint DaviesCroydon CentralLab (minister)absent
Mr Ron DaviesCaerphillyLababsent
Mr Terry DavisBirmingham, Hodge HillLababsent
Janet DeanBurtonLababsent
Donald DewarGlasgow AnnieslandLababsent
Frank DobsonHolborn and St PancrasLab (minister)absent
Ms Julia DrownSouth SwindonLababsent
Mr Huw EdwardsMonmouthLababsent
Bill EtheringtonSunderland NorthLababsent
Frank FieldBirkenheadLababsent
Jim FitzpatrickPoplar and Canning TownLababsent
Paul FlynnNewport WestLababsent
Mr Derek FosterBishop AucklandLab (minister)absent
Mrs Maria FyfeGlasgow MaryhillLababsent
Sam GalbraithStrathkelvin and BearsdenLababsent
Mr Bernie GrantTottenhamLababsent
Mr Bruce GrocottTelfordLababsent
Mr John GunnellMorley and RothwellLababsent
Peter HainNeathLab (minister)absent
Sylvia HealHalesowen and Rowley Regiswhilst Lababsent
Doug HendersonNewcastle upon Tyne NorthLab (minister)absent
John Home RobertsonEast LothianLababsent
Mr Alan HowarthNewport EastLab (minister)absent
George HowarthKnowsley North and Sefton EastLab (minister)absent
Mr Kevin HughesDoncaster NorthLab (minister)absent
Adam IngramEast KilbrideLab (minister)absent
Miss Melanie JohnsonWelwyn HatfieldLababsent
Ms Jenny JonesWolverhampton South WestLababsent
Gerald KaufmanManchester, GortonLab (minister)absent
Ruth KellyBolton WestLababsent
Fraser KempHoughton and Washington EastLababsent
Ms Tess KinghamGloucesterLababsent
Bob LaxtonDerby NorthLababsent
Andrew MacKinlayThurrockLababsent
Denis MacShaneRotherhamLababsent
Dr John MarekWrexhamLababsent
Gordon MarsdenBlackpool SouthLab (minister)absent
John McAllionDundee EastLababsent
Chris McCaffertyCalder ValleyLababsent
Ian McCartneyMakerfieldLab (minister)absent
John McFallDumbartonLab (minister)absent
Henry McLeishCentral FifeLababsent
Mr Kevin McNamaraKingston upon Hull NorthLababsent
Alun MichaelCardiff South and PenarthLab (minister)absent
Laura MoffattCrawleyLababsent
Mr Rhodri MorganCardiff WestLababsent
Ms Estelle MorrisBirmingham, YardleyLab (minister)absent
Sir John MorrisAberavonLab (minister)absent
Dr Mo MowlamRedcarLab (minister)absent
Paul MurphyTorfaenLab (minister)absent
Mr Bill O'BrienNormantonLababsent
Edward O'HaraKnowsley SouthLababsent
Mr Martin O'NeillOchilLab (minister)absent
Ms Linda PerhamIlford NorthLababsent
Mr Chris PondGraveshamLababsent
John PrescottKingston upon Hull EastLab (minister)absent
Dawn PrimaroloBristol SouthLab (minister)absent
Gwyn ProsserDoverLababsent
Mr Syd RapsonPortsmouth NorthLababsent
John ReidHamilton North and BellshillLab (minister)absent
Mr George RobertsonHamilton SouthLab (minister)absent
Geoffrey RobinsonCoventry North WestLababsent
Mr Allan RogersRhonddaLababsent
Joan RyanEnfield NorthLababsent
Jonathan R ShawChatham and AylesfordLababsent
Mr Robert SheldonAshton-under-LyneLab (minister)absent
Ms Debra ShipleyStourbridgeLababsent
Andrew SmithOxford EastLab (minister)absent
Geraldine SmithMorecambe and LunesdaleLababsent
Helen SouthworthWarrington SouthLababsent
Mr George StevensonStoke-on-Trent SouthLababsent
Jack StrawBlackburnLab (minister)absent
Gerry SutcliffeBradford SouthLababsent
David TaylorNorth West LeicestershireLababsent
Mr Peter Temple-MorrisLeominsterwhilst Lababsent
Paul TruswellPudseyLababsent
Dr George TurnerNorth West NorfolkLababsent
Rudi VisFinchley and Golders GreenLababsent
Mr Brian WhiteNorth East Milton KeynesLababsent
Betty WilliamsConwyLababsent
Mr Brian WilsonCunninghame NorthLab (minister)absent
Mr Tony WorthingtonClydebank and MilngavieLababsent
Mr Jimmy WrayGlasgow BailliestonLababsent
Tony WrightCannock ChaseLababsent
Derek WyattSittingbourne and SheppeyLababsent
Mr Richard AllanSheffield, HallamLDem (front bench)no
Colin BreedSouth East CornwallLDemno
Mr John BurnettTorridge and West DevonLDemno
Menzies CampbellNorth East FifeLDem (front bench)no
Mr Ronnie FearnSouthportLDem (front bench)no
Andrew GeorgeSt IvesLDem (front bench)no
Evan HarrisOxford West and AbingdonLDemno
David HeathSomerton and FromeLDem (front bench)no
Mr Nigel JonesCheltenhamLDem (front bench)no
Mr Archy KirkwoodRoxburgh and BerwickshireLDem (front bench)no
Michael MooreTweeddale, Ettrick and LauderdaleLDem (front bench)no
Lembit ÖpikMontgomeryshireLDemno
Mr David RendelNewburyLDemno
Bob RussellColchesterLDem (front bench)no
Adrian SandersTorbayLDem (front bench)no
Robert SmithWest Aberdeenshire and KincardineLDemno
Matthew TaylorTruro and St AustellLDemno
Dr Jenny TongeRichmond ParkLDem (front bench)no
Mr Paul TylerNorth CornwallLDem (front bench)no
Steve WebbNorthavonLDem (front bench)no
Phil WillisHarrogate and KnaresboroughLDem (front bench)no
Mr Paddy AshdownYeovilLDem (front bench)absent
Norman BakerLewesLDem (front bench)absent
Mrs Jackie BallardTauntonLDemabsent
Alan BeithBerwick-upon-TweedLDemabsent
Tom BrakeCarshalton and WallingtonLDem (front bench)absent
Dr Peter BrandIsle of WightLDemabsent
Malcolm BruceGordonLDemabsent
Paul BurstowSutton and CheamLDem (front bench)absent
Vincent CableTwickenhamLDem (front bench)absent
Mr David ChidgeyEastleighLDem (front bench)absent
Mr Brian CotterWeston-Super-MareLDem (front bench)absent
Edward DaveyKingston and SurbitonLDem (front bench)absent
Don FosterBathLDem (front bench)absent
Donald GorrieEdinburgh WestLDemabsent
Mike HancockPortsmouth SouthLDem (front bench)absent
Nick HarveyNorth DevonLDem (front bench)absent
Simon HughesNorth Southwark and BermondseyLDem (front bench)absent
Paul KeetchHerefordLDemabsent
Charles KennedyRoss, Skye and Inverness WestLDem (front bench)absent
Mr Richard LivseyBrecon and RadnorshireLDem (front bench)absent
Mr Robert MaclennanCaithness, Sutherland and Easter RossLDem (front bench)absent
Mrs Ray MichieArgyll and ButeLDemabsent
Mark OatenWinchesterLDemabsent
Andrew StunellHazel GroveLDem (front bench)absent
Jim WallaceOrkney and ShetlandLDemabsent
Mr Cynog DafisCeredigionPCabsent
Mr Ieuan Wyn JonesYnys MônPCabsent
Elfyn LlwydMeirionnydd Nant ConwyPC (front bench)absent
Mr Dafydd WigleyCaernarfonPC (front bench)absent
Mr John HumeFoyleSDLPabsent
Mr Seamus MallonNewry and ArmaghSDLPabsent
Eddie McGradySouth DownSDLPabsent
Gerry AdamsBelfast WestSFabsent
Martin McGuinnessMid UlsterSFabsent
Roseanna CunninghamPerthSNPabsent
Margaret EwingMoraySNPabsent
Alasdair MorganGalloway and Upper NithsdaleSNPabsent
Alex SalmondBanff and BuchanSNP (front bench)absent
John SwinneyNorth TaysideSNPabsent
Andrew WelshAngusSNPabsent
Miss Betty BoothroydWest Bromwich WestSpeaker (front bench)absent
Robert McCartneyNorth DownUKUPabsent
Mr Roy BeggsEast AntrimUUPno
Mr William RossEast LondonderryUUPno
Jeffrey M. DonaldsonLagan ValleyUUP (front bench)absent
Mr Clifford ForsytheSouth AntrimUUPabsent
Mr Ken MaginnisFermanagh and South TyroneUUPabsent
Martin SmythBelfast SouthUUPabsent
John TaylorStrangfordUUPabsent
Mr William ThompsonWest TyroneUUPabsent
Rt Hon David TrimbleUpper BannUUP (front bench)absent
Mr Cecil WalkerBelfast NorthUUPabsent

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

PublicWhip v2 codebase is currently under development - you can join the Slack group to find out more or email [email protected]

The Whip on the Web

Help keep PublicWhip alive