Legal Services Bill [HL]

My Lords, I am most grateful to the noble and learned Lord for his unexpected intervention this evening. I will respond in two ways. First, if that principle should apply to government lawyers, should it not apply to at least all lawyers in the Government’s service? It does not, after all, apply to barristers—they must pay their practising fee—or barristers or solicitors in Scotland. If the noble and learned Lord is going to go on to the front foot, and not simply say that this is now the situation because it always has been but adduce some positive reasons for exempting government solicitors in England and Wales, those reasons should surely apply equally to other lawyers in the Government’s service. Secondly, there is one important reason why government lawyers should be regulated: they give advice to Ministers. As I said in my opening, government lawyers must frequently give advice to Ministers on the lawfulness of particular actions in circumstances where the wishes of their Minister may not lawfully be achieved. I make no apology for repeating myself; but it is essential that those advising in those circumstances are not only subject to professional duties but are seen to be so. That is why government lawyers ought to be drawn into the net.