Legal Services Bill [HL]

moved AmendmentNo. 334: 334: After Clause 118, insert the following new Clause— ““Board’s functions in relation to complaints (1) If it appears to the Board that complaints about any authorised person are not being handled effectively and efficiently by the OLC, the Board may exercise in relation to the OLC such of the powers in subsection (2) as it considers necessary. (2) Those powers are— (a) to investigate the handling of complaints about authorised persons; (b) to make recommendations in relation to the handling of complaints about authorised persons; and (c) to require the OLC to submit to the Board a plan for the handling of complaints about authorised persons. (3) Where the Board requires the OLC to submit to it a plan for the handling of complaints about authorised persons but the OLC— (a) fails to submit to the Board a plan which it considers adequate for securing that such complaints are handled effectively and efficiently, or (b) submits to the Board such a plan but fails to handle complaints in accordance with it, the Board may give directions to the OLC.”” The noble Lord said: My Lords, the subject matter of the amendment was given consideration at an earlier stage of the Bill. As so often during that time, the noble Baroness expressed the view that the language of the Bill was already sufficient to ensure that the failure of the Office for Legal Complaints in the eyes of the Legal Services Board would not render a stalemate and that it would be possible to bring about changes. However, on further reflection, it has appeared to my noble friends that the position is not entirely satisfactory and that the Legal Services Board has no adequate powers to investigate the Office for Legal Complaints. There is no direct provision for the board to intervene if it believes that the Office for Legal Complaints is not handling complaints properly. The amendment would transfer to the Legal Services Board the current powers enjoyed by the Legal Services Complaints Commissioner. The powers would allow the board to look strategically at how the Office for Legal Complaints is operating and to intervene if it appears to the board that the OLC is not handling complaints efficiently and effectively. That would help to ensure that information on complaints can be used to improve the whole system of legal services delivery for consumers. It seems clear that if the OLC fails to deliver an efficient and effective service, appropriate sanctions should be available. Even at this stage of consideration of the Bill—it has been thoroughly trawled—it is not entirely obvious who would deal with the OLC and how. Clause 118 allows the Legal Services Board to set performance targets for and to monitor the OLC, which is welcome. But there are no further direct powers over the OLC, particularly in the event of its failure, other than the power and ability to remove the OLC chair and board, which might be thought to be a sledgehammer to crack a nut. The inclusion of the power to investigate concerns would allow for sensible and reasonable target setting if this became necessary. It is also desirable to consider how to stiffen the Legal Services Board’s ability to ensure the OLC’s compliance with its directions. I hope that these amendments will commend themselves at this stage to the Government. I beg to move.