I thought that it was uncharacteristic—not to say unworthy—of the noble Lord, Lord Whitty, to suggest that, in putting forward this amendment, I was in some way trying to protect the interests of the legal profession. That is notthe case. I think that putting the consumer first strengthens a perception among the public that it is only the consumer or client who counts. The lawyer is not the paid mouthpiece of the client who is prepared to say whatever the client will pay him to say. He has a much more independent position. Perhaps the public perception is that lawyers are just paid mouthpieces, but the discipline and ethos of the legal profession are entirely against that—they are to act independently and to take into account the public interest first.
If the Bill were simply about the relationship between the legal profession and the consumer, I am sure that it would be phrased in a much narrower way. However, the regulatory objectives in Clause 1 start with: "““(a) supporting the constitutional principle of the rule of law””—"
I do not see much about consumers in that objective— "““(b) improving access to justice;""““(c) protecting and promoting the interests of consumers””."
When the regulatory objectives are expressed like that, surely it is right to include that primary purpose of the legal profession to protect and to promote the public interest.
The Bill is not simply concerned with regulating the legal profession’s relationship with consumers. The regulatory body, the LSB, has relationships with the Bar Council, the Law Society and other regulators and the regulatory objectives are to be used in connection with those relationships. I am very heartened by the expressions that we have heard from the Minister's lips—I leave out references to other parts. In the course of discussions before Report stage, I hope that we can sort out this point. If not, we shall pursue it. For the moment, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 2 not moved.]
Legal Services Bill [HL]
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
in the House of Lords on Tuesday, 9 January 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Services Bill [HL].
About this proceeding contribution
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2006-07Chamber / Committee
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