UK Parliament / Open data

Legal Services Bill [HL]

My Lords, there has been a change. The issue raised with the amendment is that we now have a new system where we have people and arm’s-length organisations who need to be able to have the rights we have talked about. I accept that concerns have been raised, not least by the Law Society, which, my briefing says, has raised the issue, which rather suggests that there has been some kind of dialogue. I know that the Law Society is looking, quite reasonably, to have certainty about the situation, and I will seek to provide that in my response to the questions noble Lords have asked. The rights of audience and the right to conduct litigation will only be exercisable by employers of housing management bodies that have a formal management agreement with the local housing authority. That is covered, as I indicated, in Section 27 of the Housing Act 1985. The local authority will set the terms of the management agreement, thereby ensuring that there is sufficient accountability of the new housing management body. That agreement sets the respective roles, responsibilities and functions of the local authority and the housing management bodies, and should normally provide that parent local authorities continue to be legally liable for anything that housing management bodies do, or do not do, under the terms of the agreement. As I indicated earlier, those agreements must be approved by the Secretary of State for Communities and Local Government. Each and every agreement is thoroughly scrutinised by officials to ensure that it is robust. The employers will need written authority from the housing management body before exercising their rights. As with local authority housing officers, employees of housing management bodies will handle only routine cases. More complex cases will require the involvement of solicitors or the local authorities’ legal officers. The Department for Communities and Local Government is looking at making Section 27 agreements guidance more up to date, with particular reference—I think this allays the concern of the noble Lord, Lord Hunt of Wirral—to the need for all housing management employees to be supervised by a qualified lawyer. The safeguards are in place. I understand that our discussions with the Law Society have been constructive. I hope that noble Lords will feel able to withdraw their objection to my amendment. On Question, amendment agreed to. Clause 184 [Solicitors to public departments and the City of London]:

About this proceeding contribution

Reference

691 c1387-8 

Session

2006-07

Chamber / Committee

House of Lords chamber
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