An interesting idea....

I see that these four fine Lords (Save for Phillips (a solicitor) they are Lib Dem QCs and Dep High Court Judges - Carlile is the HMG reviewer of terrorism legislation and MacDonald the former DPP and Helena Kennedy's first pupil and soon to be Warden of Wadham College, Oxford.  Thomas is married to Baroness Walmsley) want to amend the Legal Aid Bill passing nosily through the House of Lords to effectively give the senior appellate courts and tribunals the power to force civil legal aid to be granted to a party to a complex issue of law or fact that is of significant wider public interest or where there is some other compelling reason why legal aid should be granted. Imagine the fun such judges would have granting legal aid in controversial cases against HMG where without it, the executive would not be properly challenged by competent lawyers....and for that reason alone, this does not have a cat in the proverbial's chance of success....still an excellent idea....

LORD THOMAS OF GRESFORD
LORD CARLILE OF BERRIEW
LORD PHILLIPS OF SUDBURY
LORD MACDONALD OF RIVER GLAVEN

[In substitution for Amendment 86]

82ZD

Page 136, line 34, at end insert—“Appeals where court or tribunal certifies complex point etc.

(1) Civil legal services provided in relation to an appeal to the Upper Tribunal, the Senior Courts or the Supreme Court where the relevant court or tribunal certifies that—

(a) the appeal raises a complex issue of law or an issue of fact of exceptional complexity (in which case the certificate must identify the issue),

(b) the matter is one of significant wider public interest (in which case the certificate must identify that interest), or

(c) there is some other compelling reason why the proper conduct of the appeal requires the provision of civil legal services (in which case the certificate must set out the reason).

(2) Rules of procedure applicable to the relevant court or tribunal may make provision about certificates under this paragraph.