Legal Services Bill [HL]

I support the noble Lord, Lord Kingsland. He rather stole the words that I might have used, which I used previously. Of course, I declare an interest as having been at the Bar and a judge. He made the point that there is no question about the high standards of the Bar. I am very concerned about the hybrid nature of the complaints that will come to the OLC. Some will be on discipline; some will be seeking redress. It is extremely difficult to differentiate between them. Indeed, I am told that about 70 per cent of the complaints have been hybrid. We have the great problem that there will be the same facts, possibly two bites at the same cherry with two different organisations—the approved regulator and the OLC—dealing with the same case. There is always the possibility of different conclusions. I am not for one moment suggesting that the OLC is or should be obliged to delegate, but it seems entirely appropriate that, as the amendments suggest, the OLC should have the power to delegate as and when it chooses. Not to have that power seems to me to constrain the OLC quite unnecessarily. Clause 154 has that specific effect. As the noble Lord, Lord Kingsland, said, there are real cost implications to that. The OLC has a vast task. I hope that solicitors in the Committee will accept that the vast task largely relates to the very much larger body of lawyers who are solicitors. It will be sensible from time to time to delegate, rather than bringing the extra cost of buying in the expertise of the Bar under Schedule 15, paragraph 15, which states: "““The OLC may make arrangements for such persons as it considers appropriate for assistance to be provided to it or to an ombudsman””." If I may say so to the Minister, the crunch words are: "““Arrangements may include the paying of fees to such persons””." As I understand it, the noble work done by the Bar on the regulation of its members is done either without cost or at a relatively low cost. It will not be a low cost if the lawyers are bought in. That is a power that the OLC, dealing, as it will have to, with solicitors, might find an extremely valuable adjunct. I respectfully say that Schedule 15, paragraph 15, will not meet the case, so I strongly support the amendments.