Legal Services Bill [HL]

moved Amendment No. 149C: 149C: Schedule 16, page 232, line 6, at end insert— ““(2) After that section insert— ““44F Power for Society to rebuke and reprimand (1) Where the Society has investigated whether there has been professional misconduct by a solicitor, or whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Society, and the Society is satisfied that there was professional misconduct on the part of the solicitor, or that the solicitor did fail to comply with such a requirement or rule, but the Society is not satisfied that it is in the public interest to make a complaint against the solicitor to the Tribunal, the Society may rebuke or reprimand the solicitor and, unless it considers that it is not in the public interest to do so, may make public both the fact that the solicitor has been rebuked or reprimanded and a summary of the misconduct or failure concerned. (2) The Society may make rules providing for rights of appeal to the Tribunal against rebukes or reprimands made by the Society where they are made, or proposed to be made, public or in such other circumstances as the Society may prescribe. (3) Rules made under subsection (2) may also make provision about the procedure and practice to be followed in relation to— (a) investigations as to whether there has been professional misconduct by a solicitor, or whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council; (b) the making of rebukes and reprimands; and (c) the making public of rebukes and reprimands under subsection (1).”””” The noble Lord said: Amendments Nos. 149C and 149D insert two new powers for the Law Society in the guise of the Solicitors Regulation Authority. Amendment No. 149C introduces a new section into the Solicitors Act that would put the current power of rebuke and reprimand on a secure statutory basis. The SRA can already exercise this power, and this would merely formalise and standardise it. The amendment also makes provision for the publication of such decisions. At present, they are not publicised, but transparency about such matters can only improve client choice and protection. The amendment, importantly, codifies an independent right of appeal to the Solicitors Disciplinary Tribunal. Amendment No. 149D creates a new section that confers on the regulatory arm of the Law Society a new power to impose financial penalties on solicitors. Under subsection (2) of this proposed new clause, the maximum financial penalty would be £5,000, which is a relatively small amount. The amendment also provides a statutory basis for an independent right of appeal to the tribunal against such financial penalties. As the imposition of a financial penalty is a sanction, an independent right of appeal against such a penalty is appropriate and compliant with the ECHR. I beg to move.