Legal Services Bill [HL]

moved Amendment No. 621: 621: Before Clause 188, insert the following new Clause— ““Protected functions not transferable under Ministers of the Crown Act 1975 (1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows. (2) In section 1 (Power by ordering Council to transfer functions of Ministers), at the end of subsection (6) insert— ““or the Legal Services Act 2007”””” The noble Lord said: My Lords, in Committee the Government accepted an amendment to the effect that ministerial functions under the Bill should rest with the Lord Chancellor rather than the Secretary of State. The thinking behind the amendment was that it was essential, in order to reinforce the perceived independence of the regulation of the legal profession, that any ministerial functions rested with the Minister responsible for the judiciary and the court system. During the debate on that amendment, my noble friend Lord Hunt made it clear that if the amendment was successful, it would be important to bring forward a further amendment to entrench the position. Under the proposed amendment, therefore, it would no longer be possible for the ministerial functions to be transferred from the Lord Chancellor to another Minister simply through a transfer of functions order. Instead, primary legislation would be needed. An equivalent provision was included in the Constitutional Reform Act to ensure that ministerial responsibilities in relation to the judiciary were carried out by the noble and learned Lord the Lord Chancellor rather than by another Minister. That principle is equally important in respect of the functions in the Legal Services Bill. I beg to move.