Legal Services Bill [HL]

I see sitting in the Chamber no fewer than five noble and learned Lords from Scotland, so I hesitate to rise. But I have to point out that the Law Society of Scotland, somewhat surprisingly, feels very strongly about these amendments; it is strongly in favour of them. This part of the Bill applies entirely to England and Wales, but the Law Society of Scotland believes that, should it be enacted as it stands, a politically appointed regulatory body over Scotland’s regulatory bodies may be established or at least proposed. The Scots Parliament has just legislated for legal services, having passed the Legal Profession and Legal Aid (Scotland) Bill before Christmas. The Bill does not contain provisions for a regulatory board but provides for a complaints commission. During the passage of that part of the Bill, the Parliament inserted a provision that the senior judge in Scotland, the Lord President of the Court of Session, should play a part both in the appointment to the commission and in the provisions for dismissal. That was felt strongly in Scotland. The Law Society of Scotland very much hopes that Parliament here will ensure that such arrangements exist for the regulatory board. I was somewhat surprised to hear the Minister keep suggesting that the regulatory board is just like any other regulatory board and that there does not have to be any difference in the way appointments are made. But to regulate the regulators of an independent legal profession is a very different thing. My view is that in Scotland, a much smaller country where people see one another all the time and know one another very well, it would be even more important than in England and Wales to have an independent regulatory board. I make that point because it is interesting that the implications of this Bill go further than England and Wales.