SOLICITORS BILL (Hansard, 30 November 1950)

§ THE LORD CHANCELLOR (VISCOUNT JOWITT)

My Lords, I think I am on a comparatively easy wicket this afternoon in introducing this little Bill. In some senses perhaps it could be described as a second innings upon that 654 wicket because, save for a minor alteration as to the date, this is precisely the same. Bill which was introduced as a Private Member's Bill by Lord Schuster during the last Session. I then blessed the Bill, and said that although I thought it was a very good Bill I could not promise that it would get through, because I did not know what line was to be taken about Private Members' Bills. In fact, the line taken was not favourable, either to this Bill in particular or to Private Members' Bills in general. Therefore, I am now introducing the same Bill into your Lordships' House, on behalf of the Government.

The Bill has passed through the other place, just as it passed this House on the last occasion when it was a Private Member's Bill, with complete unanimity and with the blessings of everybody. All I need do is to remind your Lordships of what Lord Schuster said on a previous occasion. He called attention to the fact that the object of the Bill was to put the Law Society in funds so as to enable them to carry out the functions imposed upon them by Statute for the benefit of solicitors as a whole, not merely those who happen to be members of the Law Society. There are some 2,000 or so solicitors in practice at the present time who are not members of the Law Society, but the Law Society perform on their behalf many functions under various Acts of Parliament which have made the Law Society, in effect, the nursemaid of solicitors as a whole. These functions cover the whole period of a solicitor's practising life. They are concerned with his education, his articles, his examination and his entrance upon the Roll of Solicitors after he has satisfied the examiners. They are concerned with his practising certificate and his accounts, with his discipline if he is alleged to have offended against the solicitors' code, and with the compensation of any clients who may have suffered loss through the defalcations of a solicitor or his employees.

All these tasks cost money, and all that the Law Society receive from solicitors as a whole is one pound annually from each practising solicitor and certain fees in respect of examination; and entrance upon the Solicitors' Roll. For their disciplinary functions they are also in receipt of a small grant from the Exchequer—a grant 655 which will cease to exist if the provisions of this Bill are brought into law. These receipts by no means cover the cost of performing the various functions, with the result that the balance has had to come from those solicitors who elect to become members of the Law Society and pay a subscription to the Society, and not from the whole body of the solicitors' profession. It is, therefore, the purpose of this Bill to enable the Law Society to collect from each practising solicitor an annual sum not exceeding five pounds, out of which the Law Society will be able to meet all their statutory obligations, without recourse to their own funds or the small grant to which I have just referred. The exact amount up to five pounds which the Law Society shall charge is to be fixed by the Master of the Rolls with the concurrence of the Lord Chief Justice and myself. As solicitors are naturally cautious people, it is also provided that should there be at any future time—I cannot envisage it at present—any difference of view between the Lord Chief Justice and the Lord Chancellor of the day, then the Master of the Rolls need obtain the concurrence of only one.

My Lords, that is the Bill. Anyone who has had any acquaintance at all with the law knows how much every Department of the Government owes to the Law Society. They possess a repository of experience and knowledge which they are always ready to place at the disposal of any Government Department, and I am quite satisfied that your Lordships would be well advised to grant this Society the powers for which they are asking and to which I venture to suggest they are entitled. I beg to move.