SOLICITORS (SCOTLAND) BILL. (Hansard, 18 May 1933)

§ LORD THANKERTON

My Lords, in this case, also, as in regard to the last Bill, Scotland has lagged behind England even more seriously. With regard to the solicitors' profession in England, they have long had a very large measure of control over matters relating to the examination, qualification and admission of members of their profession, and also over matters of discipline relating to their profession. As to the keeping of a register or Boll of solicitors, members of the profession have had control over registration themselves since 1843 in England. With regard to examination and admission, they have had it since 1877, and they have had a discipline committee since 1888. Ireland has had similar control since 1898. England in 1919 got an additional power to their discipline committee enabling them to deal with any questions not so gross as to be described as professional misconduct, the little irregularities which should involve some censure, but not involving so big a penalty as being struck off the Roll or suspension.

Turning to the terms of the present Bill, I may explain that at present the legal profession is governed by the leading Act of 1873, subsequently twice amended, and in fact everything is done by the Court in Scotland—that is to say, the Court appoints the board of examiners, it prescribes the examinations, it admits the solicitors, and any discipline 973 that is necessary is administered by the Court. There is one difference between Scotland and England and Ireland that I should explain. In the case of both England and Ireland there is existing to-day a comprehensive Law Society which embraces substantially the whole of the profession in the country. In Scotland matters are very different. Things have grown up otherwise, and there is a great number of separate societies, many of them incorporated, and many of ancient standing, who deal with small particular localities or small particular areas of the profession. Therefore, in Part I, which deals with the appointment of a General Council for the whole profession, we have adopted a system of these societies electing representatives to the Council, each society having a right to elect one or more representatives, according to the number its members, on the General Council. That provides the machinery for carrying out the Bill.

Part II of the Bill relates to the question of admission, which I use as covering examination, apprenticeship, qualifications, and the actual act of admission to the profession. With regard to the actual act of admission to the profession, the Bill leaves that in the hands of the Court, but it puts into the hands of the General Council the matters of apprenticeship (subject to provisions in the Rill), matters of examination and matters of qualification, and no applicant is entitled to present a petition for admission as a solicitor to the Court without having a certificate of qualification from the General Council. But there again the Court has reserved to it the power, in special cases, to dispense with the certificate if it sees fit and to admit in spite of its absence. Your Lordships will see that the ultimate control is in the hands of the Court, and any regulations for examinations and qualifications and so on are subject to approval by the Court. Part III deals with a very small point relating to notaries public. I should say at once that, in common with the provisions in the last two Parts of the Bill it really repeats provisions of the principal Act of 1873 and the Amending Acts substantially. As we propose to repeal the whole of that Act, we have repeated again in these three Parts that the provisions which are still of use should remain unaltered.

974 Part IV relates to the registration and enrolment of solicitors after they have passed. The register is kept by an official of the Court at the present moment, and it is proposed that he should become the official of the General Council and that he shall keep the Roll of solicitors. Again, the control of the Court over the keeping of that Roll is preserved intact. Part V is undoubtedly the most important part of the Bill, and that is the last one I need deal with because I have already disposed of Parts VI and VII. Part V relates to discipline. As in England, it provides for the appointment of a discipline committee of not less than five and not more than seven to carry out investigations as to, discipline and other things. They will be appointed by the Court, and they will have power to investigate complaints by people, or cases that come under their notice, of professional misconduct or professional irregularity. Their duty will be to report to the Court in cases which are thought proper for striking off the Roll or suspension, and the striking off the Roll or suspension will be dealt with entirely by the Court; but the discipline committee will have power in their own hand to deal with cases of minor irregularities which would merely involve a censure or a fine not exceeding £100. I trust that this explanation is sufficient to enable your Lordships to do as I ask you to do and give this Bill a Second Reading.