Legal Services Bill [HL]

My Lords, since I have not spoken thus far, I am probably in order—even at Report stage. I do not practise in England and, therefore, can exclude myself completely from the battalions of those who will be regulated by the Legal Services Board. It is a mistake on the part of the noble Lord, Lord Whitty—and I understand perfectly why he said it—to say that the Lord Chief Justice is part of the regulated. He is not; the judiciary is not subject to the regulation of the Legal Services Board. The board, among others, will regulate the practices of those who have rights of audience in the courts, and the Lord Chief Justice is now, by virtue of the actions of this Government with the support of Parliament, the head of the judiciary. Therefore, the Legal Services Board will operate in an important way within the precincts of the courts by regulating those who have rights of audience there. Surely it is fundamental that those who have rights of audience in the courts should, in connection with the regulation, have an input from the head of the judiciary—the Lord Chief Justice. When confronted with that point at Second Reading, the noble and learned Lord the Lord Chancellor said, in a phrase which I was astonished to hear, that the Lord Chief Justice is ““rightly regarded”” by consumers as just another lawyer. That does not say much for the Lord Chancellor’s input into the appointment of the Lord Chief Justice. The Lord Chief Justice is selected by Her Majesty the Queen on advice that she receives from Her Majesty’s Government, and under the new system there will be intermediate stages before that advice is given. To suggest that the Lord Chief Justice is just another lawyer is to undermine the whole system of judicial determination. If our consumers have a dispute, ultimately they will have to go to the courts. The courts regulate the rights of consumers against those whose products they consume or whose services they take, and if their clients, the consumers, do not have confidence in the courts of law, our system will be in the gravest possible danger. I believe that the Lord Chief Justice enjoys in the community, not only because of his position but also because of the way in which he fulfils that position, a confidence whichis unlikely to be shared by any Minister of theCrown. It is perfectly proper that Ministers of the Crown should have responsibility for selecting and appointing those who take part in the Legal Services Board, which is a creation of Parliament with nominations by the Executive. But I believe it is right that, where the board has a function in relation to the rights of audience in the courts, of which the Lord Chief Justice is the head by the determination of Parliament, the Lord Chief Justice should have a say in who is to be ultimately responsible for managing the control system which is to be put in place. Therefore, I very strongly resent the idea that the Lord Chief Justice is ““rightly regarded”” as just another lawyer, compared by the noble Lord, Lord Whitty, with an official of Tesco, which I regard as a very high and important position, and also with Mr Rupert Murdoch, with whom I have not had much acquaintance. The Lord Chief Justice is well known. The noble Lord, Lord Whitty, pointed out that my noble friend Lady Carnegy of Lour might be familiar with the situation in Edinburgh. I am reasonably familiar with the situation there but I also have a certain familiarity with the situation in this part of the world. In so far as we have a United Kingdom, it is important that the judiciary is regarded as having high status in all parts of that kingdom. I strongly support the amendment proposed by the noble Lord, Lord Neill of Bladen.