Legal Services Bill [HL]

It has perhaps escaped the Government that there is a conflict with the Government themselves in so many fields of the legal profession. The independence of the judiciary is guaranteed in this country because there is also an independent legal profession. If the Minister had ever had the experience I have had of appearing in jurisdictions where one has one’s doubts about the independence of the judiciary, she would appreciate much more keenly how important it is that the legal profession retains its independence and is seen to do so by any means possible. That is why an analogy with other bodies or professions which are subject to regulatory regimes is inappropriate. I am not claiming that the legal profession is above everything else but it has a particular role to play in the constitution of this country: that is, the independent role of people who will stand up and shout against the Government. The history of this country has been illuminated by lawyers who have been prepared to do that. To this day, the arguments against government are pursued not only in the courts of this country but also in the European Court of Human rights. Standing up against the Government is in large part what the legal profession is about. If the Government are going to introduce a body which is to control, to regulate,the legal profession it is in their interest to ensure that it is seen to be as independent as possible of government. The Home Secretary is a Secretary of State. Many times during the past few months the current Home Secretary has criticised the judiciary and lawyers because of this conflict. He does not stand in the same position as the Lord Chancellor who has that statutory obligation regarding the rule of law. He is a person who gets involved on the government side. It would be disastrous if it were thought that a Secretary of State could put the squeeze on the legal profession in one way or another because he was not happy with the independent stance it was taking. It is an important point of principle that we have to pursue.