HC Deb 09 July 1896 vol 42 cc1174-6

"Whereas, in pursuance of sections twelve to fifteen of The Solicitors Act, 1888, any application to strike the name of a solicitor off the roll of solicitors, and any application to require a solicitor to answer allegations contained in an affidavit, are now made to and heard by a Committee of the Incorporated Law Society therein mentioned, appointed by the Master of the Rolls, be it therefore enacted as follows:

(1.) Out of the duty paid upon a certificate taken out yearly by every person admitted or enrolled in England as a solicitor, the following sum—namely:

  1. (a) if the certificate authorises such person to practice or carry on business within ten miles of the General Post Office in London, seven shillings and sixpence; and
  2. (b) if the certificate authorises him to practice or carry on business elsewhere in England, five shillings;
shall be paid by the Commissioners of Inland Revenue to the said Incorporated Law Society, and shall be applied in such manner as may be arranged with the Treasury for the purpose of the expenses of the Society in the execution of the above-recited sections.

(2.) If any enactment provides for the performance in Scotland or Ireland of the like duties by a like Committee as under the above-recited sections in England, the like sum shall, in such manner as may be arranged with the Treasury, he applied for the expenses of such committee in the execution of such enactment."

DR. CLARK

asked for some explanation of the clause.

*THE CHANCELLOR OF THE EXCHEQUER

was understood to say that impartial duties with regard to the examination and conduct of solicitors were imposed by law upon the Incorporated Law Society, and it was found that the funds of that body were not sufficient for the purpose. The society had placed their case before him, and asked that a small portion of the duty should he allocated for the purpose under the supervision of the Treasury, and that was the object of the clause.

*MR. GIBSON BOWLES (Lynn Regis)

said he could not allow the clause to pass without a protest. This was another instance of the interception of taxes and their diversion before reaching the Treasury. The clause proposed that 7s. 6d. on each solicitor's certificate should be paid to the Incorporated Law Society instead of into the Exchequer. It appeared that a solicitor paid £9 for taking out his certificate, and part of that money was to be used for striking him off the rolls should occasion arise. He was to be struck off the rolls with his own money. Keen was the pang, but, keener still, to feel, His own the pinion that impelled the steel. [Laughter.] The Law Society was an extremely respectable trade union, and it exercised very useful judicial functions; but those functions were exercised in the interest of lawyers in order to keep their own house clean, and they ought to pay for the cleaning of their own house. If they were to get this public money at all they should get it in the proper way—by a grant-in-aid. He was anxious not to speak more than was necessary on this Bill, because he desired to see it passed; but it was impossible for him, holding the very strong opinions he did with regard to the interception of the public revenue, to allow the clause to pass without protest.

SIR W. HARCOURT

hoped the Chancellor of the Exchequer would not press the clause. If a proposal of this kind was to be made, it ought to be made in the Bill. The Law Society was no doubt a very useful body, but it was in the interest of the solicitors themselves that these inquiries were held. He could not understand the principle of giving money to this society any more than to the Inns of Court, in respect of any proceedings they might have to take against barristers. He really thought that at that time of night no new subject for discussion should be introduced beyond those which were absolutely necessary for the purposes of the Government. This clause could very well be brought up another year for discussion, and he hoped the right hon. Gentleman would not press it now.

*THE CHANCELLOR OF THE EXCHEQUER

said he made the proposal in the innocence of his heart, on the precedent of a very similar provision with regard to the King's Inn in Dublin. He thought a similar grant might be made in this case for duties which were eminently useful, which were imposed by statute on this society, and for which their funds were not sufficient. However, he admitted the force of the right hon. Gentleman's objections, and as he was most anxious to facilitate the discussion, he would not press the clause.

Clause, by leave, withdrawn.

*THE CHANCELLOR OF THE EXCHEQUER moved the following new clause:—