SCOTTISH CONVEYANCING AND EXECUTRY SERVICES BOARD (Hansard, 17 October 1990)

§ Lord James Douglas-Hamilton
I beg to move amendment No. 60, in page 65, leave out from 'securing' in line 17 to end of line 23 and insert—
'(a) that members of the Board have expertise or knowledge of—

(i) the provision of conveyancing and executry services;

(ii) the financial arrangements connected with the purchase and sale of heritable property;

(iii) consumer affairs; and

(iv) commercial affairs; and

(b) that, so far as is reasonably practicable, the composition of the Board is such as to provide a proper balance between the interests of, on the one hand, qualified conveyancers and executry practitioners and, on the other hand, those who make use of their services.' The amendment fulfils an undertaking that I gave in Committee to the hon. Member for Glasgow, Garscadden (Mr. Dewar).

§ Mr. Dewar
I shall be brief, but the amendment is worth comment. I thank the Minister for honouring his undertaking on a quite significant matter. As the hon. Gentleman knows, the Scottish Consumer Council pressed hard for the amendment, and it was right to take an interest in the executry board's membership. The amendment brings us into line with the phraseology that appears in the Courts and Legal Services Bill, which is the English equivalent. The important point is that, in appointing members to the board, the Government are committed to ensuring that
as far as is reasonably practical, the composition of the Board is such as to provide a proper balance between the interests of, on the one hand, qualified conveyancers and executry practitioners and, on the other hand, those who make use of their services. It is important to maintain that balance. There is a danger, which we could fall into unintentionally, of appointing to the board only people with technical skills, so that the board ends up with a collection of lawyers, qualified conveyancers and suchlike. Of course they have an important contribution to make, but it is valuable to put in statute a burden on the Government to keep in mind the need for proper representation of those who consume the services—not in a token manner, but as a means of ensuring a proper balance. I understand that to be more than someone being a lone individual playing a lone role against the serried ranks of those who may—not in a vicious, but in a practical sense—have a vested interest in the profession that is being regulated. It is a worthwhile provision, and I thank the Minister for including it.

§ Lord James Douglas-Hamilton
I beg to move amendment No. 61, in page 66, line 6, at end insert— '(2) Where a person ceases to be a member of the Board otherwise than on the expiry of his term of office, and it appears to the Board that there are special circumstances which make it right for that person to receive compensation, the Board may, with the consent of the Secretary of State, make a payment to that person of such amount as the Board may, with the consent of the Secretary of State, determine,'

§ Mr. Deputy Speaker (Sir Paul Dean)
With this we may discuss Government amendments Nos. 62, 68 and 109.

§ Lord James Douglas-Hamilton
These are technical amendments relating to the payment of pension provisions for the ombudsman.