HC Deb 25 July 1990 vol 177 cc639-41

Amendment made: No. 185, in line 13, leave out 'to amend the law relating to the limitation of actions;'.—[The Attorney-General.]

Order for Third Reading read.

12.8 am

The Attorney-General

I beg to move, That the Bill be now read the Third time.

I express my warm appreciation to all hon. Members, and in particular to the right hon. and learned Member for Aberavon (Mr. Morris), the hon. Member for Norwood (Mr. Fraser), the hon. and learned Member for Montgomery (Mr. Carlile), and all those from the Back Benches on both sides of the House who have contributed greatly to the success of the parliamentary handling of the Bill. The Bill takes an important place in the Government's strategy of encouraging competition and the widening of choice, particularly the widening of choice for those who are customers here for legal services. I believe that the parliamentary process has worked very well because of the assiduity of hon. Members. I hope that, in turn, they feel that the Government have listened and responded constructively in many instances, although not in as many as they would have wished, to suggestions to improve the Bill. I am grateful for all that has been done.

I realise that the Bill has occasioned a great deal of approval in the country, but also a certain amount of anxiety. Each of those reactions has been well founded. I believe that much of the anxiety has been dispelled. The Bill will take its place as a constructive measure.

12.10 am
Mr. John Morris

If I am forgiven anything in this House, I am sure that I shall be forgiven my brevity on this occasion. I endorse the Attorney-General's thanks to the Committee for its consideration. I thank the Law Officers and the Lord Chancellor for their courtesy and explanations at all times. I am especially grateful for the work done by Lord Mischcon and his team in the other place.

The improvement of the Bill was necessary because of the severe criticism levelled at it. We have not objected to extending rights of audience. I was anxious that the power should not be enshrined solely in the bosom of a political Minister, even though he be the Lord High Chancellor. Now that the judges have a new and important role, we are anxious that the aims of the Bill are carried out. I am confident that they will be. If there is any breakdown, we shall have to return to the matter later and consider it afresh, but I am sure that that will not be necessary.

One of the sad omissions from the Bill is that it has no enhancement for legal aid. The professions are concerned about profitability in that area. I fear that one day we shall have to return to that.

12.11 am
Mr. Temple-Morris

This is broadly a good Bill which will result in a more balanced profession. Perhaps all those who have been closely associated with the Bill would agree that it is as important for that which has been discussed but is not in the Bill as for that which is in the Bill following our discussions.

During its progress, the Bill has been improved in relation to consumer safeguards in conveyancing. However, the danger to the small solicitor—other than in Scotland where that has been overtly recognised—remains and must be monitored. We shall also have to monitor how the rights of audience work. There remains concern about the designated judges. Indeed, I had intended briefly to air that concern, had I spoken to the amendment which I did not succeed in moving a few moments ago.

I am sure that many people will carefully watch what happens with the new authorised conveyancers and the consumer interests relating to them. They should be no obstruction—I do not suggest that they will be—to solicitors' rights of audience in the higher courts.

I welcome the role of the ombudsman and hope that increasingly the administration of the courts will be considered by that gentleman.

I thank the Front-Bench spokesmen for both the Government and the Opposition for the spirit of courtesy that has prevailed during the passage of the Bill.

12.13 am
Mr. Alex Carlile

I thank the Attorney-General and the Solicitor-General for their courtesy and co-operation. I also thank their officials, to whom all members of the Committee had access during the Committee stage, which was extremely helpful.

I make no apology for saying that I still view the future of the legal profession with trepidation. It is essential for our constitutional safeguards and for the liberties of the citizen that there should be a strong and independent Bar in England and Wales. I hope that, through the process of consultation and reasonable argument, we have ensured that when the machinery set up by the Bill comes to consider the future of the profession it, too, will bear in mind the need for that strong, independent Bar as part of our legal establishment.

With that in mind, I wish the Bill a fair wind, although I suspect that we shall argue some of the issues time and time again.

Question put and agreed to.

Bill accordingly read the Third time, and passed, with amendments.

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