Legal Services Bill [HL]

My Lords, as noble Lords will know, and as the noble Lord, Lord Hunt of Wirral, alluded to, the regulation of the legal profession in Scotland is a devolved matter and therefore more appropriately dealt with by the Scottish Parliament. I recognise that this amendment is important. It attempts to promote greater non-solicitor involvement in the functions of the Law Society of Scotland. It is, of course, consistent with the agenda that seeks to put consumers at the heart of regulatory arrangements in the legal profession. As the noble Lord will know—and the noble Lord, Lord Maclennan of Rogart, will certainly know—the Scottish Parliament legislated on matters concerning the Scottish legal profession last year. The Legal Profession and Legal Aid (Scotland) Act 2007 came into force earlier this year. While it is technically possible for us to amend the relevant legislation to allow non-solicitors to sit on the council of the Law Society of Scotland, noble Lords will be familiar with the convention, set out in the Statement by the noble Lord, Lord Sewel, to this House in 1998: "““Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament””.—[Official Report, 21/7/98; col. 791.]" The change sought by the Law Society of Scotland was not put forward when the Legal Profession and Legal Aid (Scotland) Act was before the Scottish Parliament. It is unlikely—bearing in mind where we are with the Scottish elections—to be possible to obtain a legislative consent Motion in that Parliament at this time, following the very recent elections. I must ask the noble Lord to withdraw the amendment. We will seek to get the Law Society to raise this with the Scottish Executive and the Scottish Parliament first, and then return to it if need be. At this stage there is nothing I can do.