Legal Services Bill [Lords]

The hon. Member for Huntingdon (Mr. Djanogly) differs from the Liberal Democrats on dividing on the matter. We still believe that the principle is important. I accept that the Under-Secretary has travelled a great distance on all sorts of matters—she knows that I appreciate that. Indeed, even on the issue that we are considering, the proposal is much better than what the Government previously suggested. The process that has been outlined is clearly better than what was previously described. I simply want her to take that last little step because it will convey an important signal about what we hope to achieve in the Bill. I do not believe that there is a huge practical difference between the amount of consultation that has been offered and concurrence, which we believe to be so important. It is inconceivable that the Lord Chancellor would make a political appointment that did not have the support or at least the acceptance of the Lord Chief Justice. The stakes have been raised too high in terms of public and professional acceptability if the Lord Chief Justice were to make a report or simply make public his or her lack of confidence in the person appointed to the post of chairman. Our acceptance of the principle that the chairman should be a lay member is important to the board's independence. I am pleased that we included that in the Bill because it means that we have a guarantee of independence from the legal profession. That also guarantees credibility among the wider public. However, credibility must also be shared by the judiciary and the legal profession. In the context that we considering, I do not perceive the Lord Chief Justice as head of profession—that would be wrong. If it were suggested that the president of the Bar Council or of the Law Society should have any sort of handle on the final appointment, that would be wrong, because it would mean accepting a legal closed shop, which, I hope, we are busting wide open in the process. However, as head of the judiciary and in a specific context in our constitutional arrangements, the position of Lord Chief Justice has changed. It is one of the great offices of state. The seal of approval from an independent judiciary as well as Ministers and the House is to be encouraged. I therefore hold to the view that concurrence is a more satisfactory arrangement and that the House should insist on it. I shall advise my hon. Friends to vote against the Government amendments.