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First, in my speech on 18 October 1995 to move the Second Reading of this Bill, I said that once the Legal Aid Services Council had been established, we would ask the Council to examine the feasibility and desirability of establishing an independent legal aid authority. Some Members were of the view that, for the avoidance of doubt, the Bill should provide explicitly that the Council's advice would be sought on this proposal. To allay Members' concern, 1 shall move a Committee Stage Amendment to include a sub-clause to this effect in Clause 4 of the Bill.
Secondly, some Members of the Bills Committee suggested that the Duty Lawyer Service should not be put under the supervision of the Legal Aid Services Council since the Service is already managed by an independent governing body, the Council of the Duty Lawyer Service. They supported the legal profession's view that the Duty Lawyer Service should be allowed to maintain its autonomous status. We are prepared to agree that the Duty Lawyer Service should be excluded from the supervision of the Legal Aid Services Council. At the Committee Stage, I shall move amendments to clauses 3, 4, 5, 9 and 10 of the Bill to give effect to this. However, we believe that it is important that the Council should be able to advise the Government on the provision of all publicly-funded legal aid services, including those provided by the Legal Aid Department and the Duty Lawyer Service. This is preserved in the new Clause 4(5) that I shall propose.
The Chairman of the Bills Committee, Mrs Lau, will propose Committee Stage Amendments to clauses 2 and 4 to delete all references to the Duty Lawyer Service. As I have just said, the Administration believes that it is important that the Council should be able to offer advice on the whole range of publicly-funded legal aid services and on the co-ordination between the Legal Aid Department and the Duty Lawyer Service. We therefore cannot support Mrs Lau's proposed amendments.
Thirdly, some Members proposed that Clause 4 of the Bill, which sets out the functions of the Council, should be amended to refine the relationship between the Council and the Legal Aid Department to enhance the supervisory role of the Council. The amendment to Clause 4 that I shall move at the Committee Stage will allow the Council to look into the day-to-day operation of the Department, with the exception of staff matters and the handling of individual legal aid cases. A provision will also be made to require the Department to provide information as reasonably requested by the Council.