HC Deb 31 May 1949 vol 465 cc2048-50
The Lord Advocate

I beg to move, in page 15, line 35, at the end, to insert: (2) No information furnished for the purposes of this Part of this Act to the Law Society or to any committee or person on their behalf shall be disclosed—

  1. (a) in the case of such information furnished by, or by any person acting for, a person seeking or receiving legal aid or advice, without the consent of the person seeking or receiving legal aid or advice; or
  2. (b) in the case of such information furnished otherwise than as aforesaid, without the consent of the person who furnished it;
and any person who, in contravention of this subsection, discloses any information obtained by him when employed by or acting on behalf of the Law Society shall be liable on summary conviction to a fine not exceeding one hundred pounds: Provided that this subsection shall not apply to the disclosure of information—
  1. (i) for the purpose of facilitating the proper performance by any person or body of functions under this Part of this Act; or
  2. (ii) for the purpose of any criminal proceedings for an offence thereunder or of any report of any such proceedings."
 The purpose of this Amendment is to attach to the information dislosed by, or on behalf of, a person seeking legal assistance, the confidentiality which would normally attach to any matter discussed by a client. I should like to remove a misconception which appears to have arisen in Scotland; there seems to be some idea that this Amendment represents an intrusion into the ordinary rule of confidentiality between a client and his solicitor. That is not so. That rule is preserved elsewhere in this Bill, and we are not here dealing with the information passing between a solicitor and his client.

We are dealing with the information coming into the hands of the Law Society and its officials in the course of administration and, even if a solicitor were employed by the Law Society, he would not be employed by the client in the ordinary way. Any such information disclosed will still be confidential, subject to two conditions; one, where it is necessary to disclose it for the proper working of the scheme and two, for the purposes of any criminal proceedings in an offence against the scheme. It is necessary to include this to give the protection which the scheme must have against improper and unfounded applications.

Lieut.-Commander Hutchison

I remember that a somewhat similar Amendment to this was put on the Order Paper by the Government during the Committee stage but later withdrawn, due, I think, to some representations which the Lord Advocate had received in Scotland. I should like to ask if this new Amendment has the assent of those in the legal profession who are likely to take part in this service. I did not like the language in the proviso in the Amendment which was originally put down and was later withdrawn. I think that the wording of the present Amendment is much more acceptable, but there is just one point which arises and to which I draw attention That is, that when the corresponding Bill for England was under discussion in the House last week, the Attorney-General moved a new Clause incorporating most of the substance of this Amendment; but that Clause in the English Bill went a bit farther in that it appeared to me to give greater protection to the legal profession by incorporating two new subsections which, for the convenience of hon. Members, I should like to read. Subsection (4) of the new Clause, headed (Secrecy), states: Proceedings for an offence under this section shall not be brought without the written consent of the Attorney-General and subsection (5) states: For the avoidance of doubt it is hereby declared that information furnished to counsel or a solicitor as such by or on behalf of a person seeking or receiving legal aid or advice is not information furnished to the Law Society or a person on their behalf. We feel that consideration might well be given by the Government, when this Bill reaches another place, to the insertion of some similar provision adapted to Scots law. I should be grateful if the Lord Advocate would consider this point because there is no reason why lawyers in Scotland should not be afforded the protection given in the new Clause moved last week by the Attorney-General.

10.45 p.m.

The Lord Advocate

With permission, Mr. Speaker, I should like to point out that the substance of this Amendment is exactly the same as the substance of the Amendment which was on the Order Paper at an earlier stage. It was the exact wording that I was not very happy about myself and for that reason we have translated it into the present words. It has been discussed with the solicitors, and as I indicated earlier in the House tonight all the Government Amendments we have tabled for the Report stage have been put up to the representatives of the General Council, and to the Faculty of Advocates as well.

With regard to the additional point included in the English Bill, the hon. and gallant Member wishes us to incorporate something of that nature, or to consider something of that nature. Of course, we cannot in considering this, incorporate the use of the fiat of the Attorney-General before criminal proceedings are taken, for that is essentially an English procedure. All public prosecutions in Scotland—and this would be a public prosecution—either lie with the Lord Advocate or come within his jurisdiction, where it means in the court of summary jurisdiction, namely the sheriff court. There is no question of the fiat of the Lord Advocate being invoked, because in the sheriff court and High Court that is part and parcel of the Lord Advocate's authority.

In regard to the additional protection given to solicitors, I would refer the hon. and gallant Member to Clause 1, subsection 7, where it is stated in terms that the relationship between counsel or solicitor and clients shall not be affected merely because of the fact that the client is in receipt of legal aid. Because of that it is unnecessary to add anything further to this Amendment as it is not dealing with the relationship between solicitor and client but between an applicant and the administrator who is dealing with his case.

Lieut.-Commander Hutchison

I am grateful to the Lord Advocate. It did seem that in the English Bill a new point had been brought forward.

Amendment agreed to.