Legal Services Bill [Lords]

I thank the Minister for Government amendments Nos. 93 and 97, but in each case I ask whether she has gone far enough. Amendment No. 93 is about charges that the ombudsman may ask practitioners to pay as a result of a decision on a complaint. I have always argued that the ombudsman ought to be able to match the charge to the degree of culpability. If someone is completely innocent, they should not pay anything; if they are completely guilty, they should pay the lot; but if they fall somewhere in between, because something that they did brought about the complaint, they should pay a share of the charge. I took it that Government amendment No. 93 said just that, but I spoke to the hon. Member for Somerton and Frome (Mr. Heath) and he did not think that it allowed that. If he is right, then perhaps the word ““all”” should not be included in proposed subsection (1A)(b) of the amendment, which says:"““the ombudsman is satisfied that the respondent took all reasonable steps””." In amendment No. 97, the Government have tabled half of what I proposed in Committee. If a complainant complains to the ombudsman about bad service, the ombudsman may come to a decision on the matter and decide whether compensation is payable or a refund is due. However, the ombudsman may decide that there is a need for disciplinary investigation and action by the appropriate regulatory body, and they may refer the complaint to that body. As things stood in Committee, the consumer would not necessarily know that action had been taken by the ombudsman, so I am grateful to the Minister for saying that the complainant will receive a notice saying that their complaint has been referred to the appropriate regulator for consideration of disciplinary action. I argue that, at the end of the process, the regulator ought to tell the consumer whether disciplinary action was taken, and so close the loop. That is the point of my amendment (a) to Government amendment No. 97, and I would be grateful to hear the Minister's view on it.