Legal Services Bill [HL]

moved Amendment No. 620: 620: Schedule 20, page 295, line 21, at end insert— ““(17A) In Schedule 1 paragraph 3(ba) after ““of”” insert ““the Council”””” The noble Lord said: My Lords, the amendment would ensure that non-solicitors can be appointed members of the Council of the Law Society of Scotland. The governing body of the Law Society of Scotland is its council, which is currently composed exclusively of solicitors, although it has four non-solicitor observers. I have been in touch, and had correspondence, with Michael Clancy, the director of the Law Society of Scotland, who explains that he and his colleagues would very much like this provision to be made. I am also now aware that the Scottish Consumer Council is backing the move by the Law Society of Scotland to appoint non-solicitors to its governing council for the first time in history. I warmly applaud this move, and I very much hope that the Government will support it. Schedule 20 is interesting because it deals with a whole range of issues relating to devolved and non-devolved matters. I do not know whether the Minister will explain whether we require a legislative consent Motion, although it would undoubtedly be difficult to require one, given the Scottish Executive’s present situation. On balance, it is probably not necessary, given the other matters that are repealed in this part. As the Minister is showing an interest in this issue, I shall explain that, as I understand it, many of the repeals in Schedule 23 deal with a range of devolved issues surrounding the discharge of functions of the council. The repeals involve Section 3A, on the discharge of the functions of the Council of the Law Society; Section 20, on the council’s duty to supply a list of solicitors holding practising certificates; Section 24C, on the discretion of the council in special cases;Section 34(4), on the rules of professional practice conduct and discipline; and Sections 38, 39, 42A and 42B, which all relate to council powers where dishonesty is alleged. The list of sections is considerable, and I need mention no more, except to say that, in the light of that, it is not necessary for a legislative consent Motion to be passed by the Scottish Parliament. I therefore hope that the Minister will accept the amendment. I beg to move.