§ Order of the Day for the Second Reading read.
§ 3.33 p.m.
§ LORD WRIGHTMy Lords, I beg to move the Second Reading of this Bill. It is in the main, though not entirely, an emergency Bill which is introduced in order to deal with the difficulties which arise in the present emergency; that is, in effect, owing to the state of war in which we are now. The principal provisions deal with a relaxation of the different conditions and rules which the present law imposes for the qualification of solicitors to be admitted as such. It is found that it will be necessary to relax these rules in order to deal with the circumstance that many articled clerks will be engaged in work of national importance. Some may be called up to serve in the armed forces and some may be engaged in other national work, and in those circumstances it is proper that they should be relieved from a certain period of what would otherwise be the compulsory period of service under articles, which is, as your Lordships know, a sort of apprenticeship. In addition to that, there are certain examinations which the Law Society feel might in certain cases be the subject of total or partial exemption.
The first clause deals with exemptions from the intermediate examination. The second enables a candidate to come up for a final examination at an earlier date than the present Statutes permit. The third enables service on work of national importance to rank, in the discretion of the Law Society, as service under articles, subject to a provision that there must be at least two years' service under actual articles. Clause 4 enables the Law Society in particular cases to treat attendance at courses of lectures as equivalent to service under articles. Clause 5 deals with the granting to the Law Society of the power to suspend the award of prizes and so on during the war, and Clause 6 559 deals with a facultative transfer of certain powers from the Master of the Rolls to a Judge of the High Court.
Clauses 7, 8 and 9, although they are closely related to the state of war in which we now are, are not strictly speaking emergency measures, because they are-not limited to the duration of the war. Clause 7 deals with the fee which the Law Society is entitled to exact for the issue of a practising certificate. The fee is £1, and under the present law 5s. may be retained by the Registrar, and the remainder has to be devoted to legal education. It has been found that that amount of 15s. out of every pound is not normally required for that purpose, and, subject to various safeguards, Clause 7 provides for a certain discretion in the Law Society in the application of that 15s. Clause 8 deals with the number of examinations which the Law Society has to hold. The present Statutes fix a definite number, but it turns out from time to time that there is no occasion for so many examinations and the Law Society are asking here for a discretion in reducing the number in proper conditions. Clause 9 deals with the transfer of certain discretions with reference to articled clerks from the Master of the Rolls to the Law Society. That question was dealt with in a Bill which had a Second Reading in this House last year. It was approved in the Joint Select Committee and it is now included in Clause 9 of the present Bill. Speaking from my own experience as Master of the Rolls, I see no reason whatever why these things should not be transferred from the Master of the Rolls to the Law Society. The present Master of the Rolls, Sir Wilfrid Greene, is of the same opinion. I know that my noble and learned friend the Lord Chancellor approves of this Bill, and I beg to move that it be read a second time.
§ Moved, That the Bill be now read 2a—(Lord Wright.)
§ On Question, Bill read 2a, and committed to a Committee of the Whole House.