Legal Services Bill [Lords]

I beg to move, That this House does not insist on the Commons amendments to which the Lords have disagreed, and proposes Government amendments (a) to (l) in lieu. Hon. Members will know that my noble Friend Lord Hunt of Kings Heath recognised in his opening speech that the issue is important and it has been the subject of a great deal of scrutiny and debate at almost every stage of the Bill's passage. Some will argue that we should go further in respect of concurrence. Reflecting on the points made in earlier debates, it is clear to me that there is genuine concern about what consultation with the Lord Chief Justice might involve. That is why my noble Friend was at pains to set out the detail of how it would work. He confirmed that I had written to the Lord Chief Justice to consult him on the process we are undertaking for the appointment of the chair of the board, and he said that I would write again shortly with respect to other members of the board, which is absolutely the case. The consultation with the Lord Chief Justice focused on the criteria against which candidates for the position of chair are judged, and he was asked to look at the draft specifications for the chair. He was invited to comment on the process we are undertaking, including the composition of the appointments panel and how we will be carrying out the campaign in line with the Office of the Commissioner for Public Appointments guidance. He was also invited to suggest names of potential candidates that recruitment consultants may wish to contact. I understand that he will be discussing that with the Judicial Executive Board before writing back to me. This detailed consultation is an important part of the appointment process, and I understand the strength of feeling behind setting out what we mean by consulting the Lord Chief Justice in the Bill. I sympathise with that view, which is why I have tabled amendments that would require the Lord Chancellor to consult the Lord Chief Justice on the appointments process as well as the final appointment. I hope that that gives assurance that consultation with the Lord Chief Justice will not only extend to the person to be appointed, but will embrace the arrangements for the process leading up to it. That process will apply to every appointment made, not just the first. I can reassure the House that it is entirely a matter for the Lord Chief Justice to decide whether he makes public any disagreement he might have with the Lord Chancellor over the appointment of the chair and members of the board. Although I believe that the arrangements I have just set out will reassure hon. Members that consultation with the Lord Chief Justice, rather than concurrence, is the right approach, I want to mention some other reasons why we have adopted this approach. First, the approach is consistent with the original recommendation of Sir David Clementi. Secondly, it is consistent with the recommendations of the Joint Committee on the draft Legal Services Bill. Thirdly, it ensures proper accountability over the appointments process because we continue to engage the oversight and regulation of the commissioner for public appointments. Importantly, we provide proper parliamentary accountability because the Lord Chancellor can be called to explain his actions to Parliament in a way in which the Lord Chief Justice cannot. Fourthly, we have transferred the function of making those appointments from the Secretary of State to the Lord Chancellor, in whom we have entrenched those functions. That is important because, under section 3 of the Constitutional Reform Act 2005, the Lord Chancellor has the specific duty to have regard to the need to defend judicial independence and"““the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters.””" As I said when we last looked at this issue, those are very good reasons why we cannot accept concurrence; it conflicts with accepted best practice. Consultation does not. I hope that the amendments I have tabled ensure that the appointments do not conflict with best practice, but that the Lord Chief Justice is involved in not only appointments to the Board, but in the process of making those appointments.