Legal Services Bill [HL]

My Lords, I think the noble Lord knows that there are specific requirements in different parts of the Bill which mean that consultation is necessary on particular issues. I cannot win on this. The Government bring forward amendments in order to respond; indeed, a number of amendments are specifically designed to support issues raised by the Law Society. A lot of them are very small, technical changes, but none the less important. That is why there appear to be many more amendments than usual. Noble Lords will, I have no doubt, return to this issue at Third Reading, but that is my explanation. I shall deal with one particular point raised in the amendments. I have indicated that there are sufficient opportunities. Clause 3 specifically requires the board to have regard to key principles, including any other principle that appears to represent the best regulatory practice. In line with best regulatory practice—for example, the Better Regulation Executive’s code of practice on consultation—the board should consider representations made, especially if they come from those affected by its function. The code of practice does not require us to set out consultation provisions in legislation, but it sets out a number of principles of best practice. They include: identifying the relevant interested parties and those likely to be affected by the policy; providing feedback on responses and how they have influenced the policy; paying particular attention to representative bodies, such as business associations and trade unions. Given the requirement that the board follows best practice in respect of consultation, we should not have to set out in legislation practice which could become outdated and irrelevant as we move forward and become more detailed about the kind of consultation we wish to see. I do not want to narrow the focus of the board’s consultation, which I fear the amendment might if we were to limit the board’s consultation to the extent that its general policies and practice are consistent with its duty under Section 3, or the degree to which the board’s proposed activities are appropriately targeted, and whether or not the proposed programme of work is proportionate. Instead, I submit that the combination of Clause 3 and the provisions that must be followed in respect of representation is the best approach. This would include the requirement for the board to have regard to any representations made to it in respect of policy statements, covered by Clause 49, rules made under the Bill, covered by Clause 195, and ensure that consumers and the profession have the opportunity to influence decisions by the board. The principles that I have outlined would also apply to any work plan, but it is not necessary to put a duty in the Bill. The board is also under a duty, in Clause 3, to ensure that its activities are targeted and used only where appropriate and necessary. This, along with the duty for the board’s accounts to be laid before Parliament, provides sufficient financial accountability. I hope this explanation suffices and that the noble Lord is able to withdraw his amendment.