Legal Services Bill (HL). Lords Committee stage second day. Clauses 20 to 31 agreed to. Schedules 4 to 6 agreed to. Part 2 of 2 records.
Legal Services Bill [HL]
Committee of the Whole House (HL)
and
Debate on bills on Monday, 22 January 2007,
in the House of Lords.
About these Parliamentary proceedings
Reference
688 c972-94 Session
2006-07Legislative stage
Committee stageChamber / Committee
House of Lords chamberRelated items
Legal Services Bill (HL). In two volumes. Explanatory Notes HL Bill 9-EN also published.
Thursday, 23 November 2006
Bills
House of Lords
Thursday, 23 November 2006
Bills
House of Lords
Proceeding contributions
Baroness Ashton of Upholland | 688 c973-4 (Link to this contribution)
I am grateful to the noble Lord. With regard to Schedule 4, I know that the Association of Law Costs...
Lord Kingsland | 688 c974 (Link to this contribution)
moved Amendment No. 44:
44: Clause 28, page 13, line 38, leave out ““prejudiced”” and insert ““imp...
Show all contributions (53)
Lord Hunt of Wirral | 688 c972-3 (Link to this contribution)
I have two points on which I seek further advice from the Minister. This schedule sets out the exist...
Lord Hunt of Wirral | 688 c975 (Link to this contribution)
I support my noble friend. I ask the Minister why the word ““prejudiced”” has been chosen, particula...
Baroness Ashton of Upholland | 688 c975 (Link to this contribution)
I am grateful to both noble Lords for raising this issue. As ever, I shall look at the wording to se...
Lord Lyell of Markyate | 688 c981 (Link to this contribution)
I do not think that the noble Lord, Lord Whitty, needs to be as anxious as he feels. If something is...
Baroness Butler-Sloss | 688 c981 (Link to this contribution)
I also support the amendment. Under Clause 30(2)(a), the words ““one or more”” may make it possible ...
Lord Thomas of Gresford | 688 c981 (Link to this contribution)
We believe that the threshold for intervention should be raised in the various powers in the Bill. T...
Lord Campbell of Alloway | 688 c980-1 (Link to this contribution)
I support the amendment and in particular the concept that there must be a balanced approach. To giv...
Lord Kingsland | 688 c979-80 (Link to this contribution)
moved Amendment No. 47:
47: Clause 30, page 15, line 3, leave out ““one or more of””
The noble Lo...
Baroness Ashton of Upholland | 688 c983-4 (Link to this contribution)
I apologise to my noble friend Lord Brennan for not seeing him seeking to speak; I did not know he w...
Lord Thomas of Gresford | 688 c983 (Link to this contribution)
I disagree with the noble Lord, Lord Brennan. It is important to take the balanced approach that has...
Lord Brennan | 688 c983 (Link to this contribution)
The first four parts of the Bill deal with two important features relating to the independence of th...
Lord Hunt of Wirral | 688 c982-3 (Link to this contribution)
I agree with my noble and learned friend Lord Lyell. Until the intervention of the noble Lord, Lord ...
Baroness Ashton of Upholland | 688 c976 (Link to this contribution)
I hope that I can give the noble Lord the assurance he seeks. Clause 29 reflects the recommendations...
Lord Kingsland | 688 c977 (Link to this contribution)
moved Amendment No. 46:
46: After Clause 29, insert the following new Clause—
““Separation of func...
Lord Kingsland | 688 c977 (Link to this contribution)
I am most grateful to the Minister for her entirely satisfactory response. This is one amendment tha...
Lord Kingsland | 688 c975-6 (Link to this contribution)
I am grateful to the noble Baroness for her reply. She will have heard the illustration I used to ad...
Lord Kingsland | 688 c979 (Link to this contribution)
The Minister has been most helpful. I emphasise that those who have been talking to me about this do...
Baroness Ashton of Upholland | 688 c978-9 (Link to this contribution)
I am hopeful that I can clarify where we are on this question. I agree completely that proportionali...
Lord Hunt of Wirral | 688 c977-8 (Link to this contribution)
I am grateful to my noble friend for moving this amendment. I thank the Minister for paying tribute ...
Baroness Ashton of Upholland | 688 c979 (Link to this contribution)
I am sure we will debate that at great length when we get to Part 5 and the importance and relevance...
Lord Campbell of Alloway | 688 c979 (Link to this contribution)
Will the Minister accept that this has the particular impact of erecting Chinese walls, to which my ...
Lord Kingsland | 688 c987-8 (Link to this contribution)
That is something, as I think that I indicated when introducing the amendment, with which we respect...
Baroness Ashton of Upholland | 688 c987 (Link to this contribution)
I was resisting using the words ““most important”” because of the earlier conversation, which was ab...
Lord Hunt of Wirral | 688 c987 (Link to this contribution)
May I quickly just point to the Explanatory Notes, rather than mislead the Minister? They say: "““Th...
Baroness Ashton of Upholland | 688 c987 (Link to this contribution)
By using the words ““most important”” I am nervous that the noble Lord is trying to lead me down a p...
Baroness Ashton of Upholland | 688 c990 (Link to this contribution)
I say to the noble and learned Baroness that we are always delighted to get suggestions to reflect o...
Baroness Butler-Sloss | 688 c989 (Link to this contribution)
I am not entirely sure how appropriate it is to put forward ideas which do not come within the exist...
Baroness Ashton of Upholland | 688 c988-9 (Link to this contribution)
We have in a sense partly had this debate. I apologise that I cut off the noble and learned Baroness...
Lord Kingsland | 688 c988 (Link to this contribution)
moved Amendment No. 49:
49: Clause 31 , page 15, line 32, leave out ““an”” and insert ““a signific...
Lord Brennan | 688 c990 (Link to this contribution)
I will briefly add to what has just been said. The ““adverse impact”” test for trigger for intervent...
Lord Lyell of Markyate | 688 c984-5 (Link to this contribution)
Before my noble friend replies, I should like to draw attention to the clause’s heading: ““Performan...
Baroness Ashton of Upholland | 688 c985-6 (Link to this contribution)
I am interested in what the noble Lord is saying. I hope that he accepts the premise that even when ...
Lord Kingsland | 688 c985 (Link to this contribution)
I am of course extremely grateful to the noble Baroness for her response, but surprised to hear her ...
Baroness Ashton of Upholland | 688 c986 (Link to this contribution)
That issue is not included in this group of amendments, which is why I am not responding to it.
Baroness Butler-Sloss | 688 c986 (Link to this contribution)
I want to pick up on what the noble Lord, Lord Brennan, said because it is not part of the amendment...
Baroness Ashton of Upholland | 688 c986 (Link to this contribution)
We could not agree groupings, so I cannot discuss that now without the noble Lord moving that amendm...
Baroness Butler-Sloss | 688 c986 (Link to this contribution)
I just wondered whether it should come into this group.
Baroness Ashton of Upholland | 688 c986-7 (Link to this contribution)
I have not for one second implied that. I said that we believe that, when looking at what is occurri...
Lord Hunt of Wirral | 688 c986 (Link to this contribution)
I have a question arising out of what the Minister just said. In looking at the regulatory objective...
Lord Hunt of Wirral | 688 c987 (Link to this contribution)
So the board could well decide in a particular instance that one objective is the most important.
Baroness Ashton of Upholland | 688 c990-1 (Link to this contribution)
I can only say to the noble Lord what I have already said. I am not minded to look at adding new wor...
Lord Evans of Temple Guiting | 688 c994 (Link to this contribution)
I beg to move that the House do now resume.
Moved accordingly, and, on Question, Motion agreed to.
Baroness Ashton of Upholland | 688 c992 (Link to this contribution)
Let me be clear about the Government’s position. I think that I mentioned the consumer lobby on only...
Lord Kingsland | 688 c992-3 (Link to this contribution)
I do not want to be misunderstood. I entirely understand the concerns of the consumer lobby and, rig...
Lord Kingsland | 688 c991-2 (Link to this contribution)
I agree with my noble and learned friend that this group and the previous group should be looked at ...
Lord Whitty | 688 c992 (Link to this contribution)
Perhaps I may clarify the position of the consumer lobby in this respect. Yes, I do not trust the ex...
Lord Campbell of Alloway | 688 c991 (Link to this contribution)
There seems to be different ideas of what constitutes a fair balance. This is not the time of the ev...
Lord Lyell of Markyate | 688 c991 (Link to this contribution)
Briefly, the previous group of amendments and this amendment were not taken together for good reason...
Lord Whitty | 688 c981 (Link to this contribution)
I was not going to intervene on this amendment but was saving my fire for the next group. I will for...
Lord Kingsland | 688 c976 (Link to this contribution)
moved Amendment No. 45:
45: Clause 29 , page 14, line 31, at end insert—
““(3A) With regard to sub...
Lord Campbell of Alloway | 688 c990 (Link to this contribution)
I was going to make in essence the same suggestion. We need a test that has to be tested; in some wa...
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