Legal Services Bill [HL]

My Lords, I strongly support the amendments tabled in the name of the noble Lord, Lord Kingsland, and adopt the reasoning that he has advanced. I supported the line of reasoning expressed in Committee and have few additional points to make. However, the public interest in the Legal Services Board’s operating economically and effectively will be best discharged by the Government’s direct interest being continued through the financial mechanism. If the body is established and passes its costs on to the consumers of legal services, the Government’s continuing interest in maintaining the body in the form in which it has been described from the beginning will be put at grave risk. The Government have clearly departed from the advice of the Clementi report, particularly on start-up costs. It is not surprising that the estimates for these costs have risen since Sir David Clementi reported. The duties which the Bill imposes on the Legal Services Board are far reaching and are by no means consonant with the concept that the board would intervene only when something had gone wrong. It is creating a huge framework of supervision by the indicative policies that the Bill requires it to embark on. These changes may or may not be necessary; although I am persuadable that the Government are right in thinking that they are required, there are downside cost consequences. The second major point of principle, to which I think the amendments are addressed, is that the public have an interest in the delivery of justice in our society, which goes far beyond the ability of individuals to have access to justice. They have an interest in justice being done, being seen to be done and being available to all. The more expensive that this process of regulation becomes, the more inaccessible justice will be. If the professions have to bear the full costs, there will be no way of recouping them other than by increasing the cost of their services. I simply cannot understand why there is this belief that the proposal is in the consumer’s interest. The danger is that ever more people will find that legal assistance and access to the courts and advice are beyond their means. The Bill could contribute to that if it does not share out the costs between the taxpayer and the professions. This is so much a point of principle that it does not seem capable of being dealt with other than by a direct rebuttal by the Government. I would find it difficult if the Government did not take the point. Costs are predicted to escalate although it may not be possible now to determine the precise amount. I cannot believe that the Minister has any expectation other than that the figures which have been produced are more than a base from which the costs will rise. I hope to get this Bill off to a proper flying start. As the Minister knows, I have been a supporter of the Bill and, like noble Lords on all sides of the House, believe that it is necessary. She will recognise that citizens—citizens, as opposed to petitioners to courts for redress regarding the non-delivery of services—have an interest in this being done appropriately. Citizens will be prepared to pay the price.