Legal Services Bill [HL]

I do not believe that it is, but I will confirm that with the noble and learned Lord shortly. Oh! I apologise; the information I was getting by nods and shakes of the head was inaccurate. The decision is subject to judicial review. I can confirm that for the purposes of our deliberations. Let us be clear: the Legal Services Board is set up under this legislation. It is a separate body. It determines the work of the Office for Legal Complaints. The legislation determines the only circumstances—which we expect never to arise, as the noble and learned Lord said—under which someone could be removed. Were they to be removed, the Secretary of State would have to confirm that, and be accountable to Parliament for having so done. I understand noble Lords’ concerns about the Legal Services Board, but this feels to me an appropriate role for the Secretary of State. On the first day of Committee, I agreed to a number of amendments which transfer responsibility for exercise of the regulation functions from the Secretary of State to the Lord Chancellor. Noble Lords will know, by reason of the Lord Chancellor’s oath of office and the Constitutional Reform Act 2005, that there are a range of unique duties and responsibilities not shared by other Ministers. Included in those are, "““the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters””." The Lord Chancellor must be qualified by experience in law or Parliament, and has a duty to respect the rule of law. We have therefore ensured that the proposed arrangements are independent but properly accountable to Parliament. That is where the accountability should lie. That is with the greatest respect to the role of the Lord Chief Justice, I hasten to add.