LAW AGENTS (SCOTLAND) BILL. (Hansard, 15 July 1873)

§ LORD COLONSAY
said, he would again bring forward the clause which their Lordships had negatived in Committee by a small majority. He thought the question was of much importance, because by the provisions of the Bill, the Writers to the Signet who had had the right to practise in the Superior Courts of Scotland at least since 1532, and who by that position were entitled to practice as law agents, were required, if they desired to be enrolled as law agents, to 388 submit to the same examination, both as to their knowledge of the law and their general knowledge, as was required from persons of inferior position. He thought this requirement degrading to a class of gentlemen of such high standing, and that it tended to degrade the acquirements demanded of the Writers to the Signet to the level of those required from the law agents. The Bill, as he understood it, was intended to open the practice of law in the Courts to a larger class of persons who had not hitherto enjoyed the privilege, and he could not at all see why it should give this advantage with one hand and with the other take away the right which had been possessed for over 300 years by a numerous and highly trained body of legal practitioners.

THE LORD CHANCELLOR
said, he must continue his opposition to the clause. The question was not whether the Society of Writers to the Signet should continue to exist and retain a special connection with the administration of justice in Scotland, but whether they should retain certain special privileges in regard to the right to grant admission to practise as law agents under a Bill which proposed in the ease of other bodies of men to abolish similar rights and privileges. He thought upon general principles that it was not expedient, when they were endeavouring to establish a uniform system of admission for the whole country, to go on, and retain the concurrent privileges of an independent body, however respectable that body might be. Since the matter was last before their Lordships, he had received several representations from other legal bodies in Scotland, to the effect that they should be very much dissatisfied if, when other ancient rights and privileges of this kind were abolished, those of the Writers to the Signet were retained. He very much doubted whether the result predicted by his noble and learned Friend (Lord Colonsay) would result from the operation of the Bill, even if, for the purpose of admission to practise as law agents, 389 Writers to the Signet might be able to qualify themselves by a less difficult examination than they had already passed for that position. He thought it more probable that a just emulation would induce many law agents to attempt to pass the higher examination of the Society of Writers to the Signet, rather than lower the latter to the level of the minimum required for admission to practise.

THE EARL OF ROSEBERY
said, that if it was proposed to level at all it should be by levelling up instead of levelling down. They would not reform their legal system by sweeping away the best part of it. He should support the clause moved by the noble and learned Lord.