Legal Services Bill [HL]

As noble Lords know, we looked at these issues before and after the Joint Committee on this Bill produced its report, and we have reconsidered them in the light of the recent Joint Committee on Human Rights report. I should perhaps indicate to your Lordships that I am responsible for human rights in any event; therefore I am concerned to ensure that we address these issues whenever they are raised by that Joint Committee. The Joint Committee on the Bill concluded that there should be an internal appeals mechanism. In our reply to it, we said that we thought the OLC would operate an internal review mechanism but that we did not want to set that out in the legislation. We envisage a form of internal review modelled on that of the Financial Ombudsman Service, reflecting best practice that has been agreed with the British and Irish Ombudsman Association. That is the best way to approach that review. On compatibility with the European Convention on Human Rights, we need to distinguish between the OLC and the ombudsman scheme. The OLC will not determine complaints but will be the independent, non-governmental body responsible for the appointment of the chief ombudsman and assistant ombudsmen who are responsible for making determinations. In Clause 119(8), the Bill explicitly requires the chief and assistant ombudsmen to be appointed, "““on such terms and conditions””," as are ““consistent with ensuring”” their ““independence””. Provided that the ombudsmen are independent and impartial, and the scheme’s procedure for handling complaints complies with the rights guaranteed by Article 6.1, then the article does not require a right of appeal. The provisions in Part 6 are based on those that established the Financial Ombudsman Service, which remain unchallenged on that point. I am therefore satisfied that Part 6 is compliant with Article 6. I can confirm to the noble Lord, Lord Kingsland, that judicial review is available in the circumstances that he would expect, and that an ombudsman’s findings would not be binding in subsequent disciplinary cases. We do not believe that that is what Clause 137(11) does; that is certainly not our intention. On that basis, I hope that he will be able to withdraw the amendment.