§ Lord MolloyMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether they will consider establishing an examining board comprising representatives of the office of the Lay Observer and the Law Society, in an endeavour to agree on procedures, and consider financial implications, based on the report of the Royal Commission on Legal Services with specific reference to complaints of the general public.
§ The Lord Chancellor (Lord Hailsham of Saint Marylebone)No, my Lords. The Law Society has already undertaken consultations on the recommendations of the Royal Commission relating to the handling of complaints and is assessing the cost and effect of the changes recommended by the commission. It has already received considerable assistance from the Lay Observer, both from his reports and in less formal communications. In the circumstances, an examining board would appear to serve no useful purpose.
§ Lord MolloyMy Lords, is the noble and learned Lord the Lord Chancellor aware that there is some concern by the public about the lack of proper machinery for complaints? May I also say that I am most grateful to the noble and learned Lord for his very considerate reply?
§ The Lord ChancellorYes, my Lords, of course I am aware of various complaints from the public. If they care to communicate with my office either directly or, preferably, through some Member of this House or the other place, I shall do my best to sort them out. I think that what really has to be understood about this is that the machinery which does exist relates to disciplinary offences against members of the solicitors' profession, but a great number of the complaints that I get are related to allegations of negligence, which of course are matters for the courts. One has to bear this distinction clearly in mind.
§ Lord Elwyn-JonesMy Lords, so far as the disciplinary side of the matter is concerned, it is the case, is it not, that there is a lay presence in the disciplinary tribunal of the Law Society?
§ The Lord ChancellorYes, my Lords, the noble and learned Lord is of course quite right. I think he was responsible for the original appointment of a Lay Observer. I think the suggestion was already being mooted about the time when I handed over to him, but I believe he appointed the Lay Observer and I think he has been a great success, probably a much greater success than I originally expected.