HL Deb 11 July 1989 vol 510 cc240-2

Lord Lyell rose to move, That the draft order laid before the House on 22nd June be approved.

The noble Lord said: My Lords, the order before your Lordships makes various amendments to the Solicitors (Northern Ireland) Order 1976, the legislation governing the education, training, conduct and discipline of solicitors in Northern Ireland.

The solicitors order gives the Law Society of Northern Ireland extensive powers of control over the solicitors' profession in Northern Ireland. But in the years since the enactment of the solicitors order the Law Society has found that the powers granted by that order are in some cases insufficient to enable it to regulate the solicitors' profession in the best interest of the public and solicitors in Northern Ireland generally. The Government concur with the Law Society's view and accept that a number of amendments of the solicitors order are necesssary in order to enable the Law Society to exercise proper and more effective control over the conduct of solicitors in cases where that is necessary.

The order also deals with some other matters. It increases the role of the Lay Observer for Northern Ireland, who monitors complaints against solicitors, and it introduces lay participation for the first time into the Solicitors Disciplinary Tribunal and into the committee of the Law Society which handles complaints. These measures are important to ensure public confidence in the impartiality of complaints and disciplinary procedures in relation to solicitors.

Having outlined the purpose of the order, I turn to its main provisions. Articles 5 and 6 increase the Law Society's control over the issuing of solicitors' practising certificates. Article 5 adds to the circumstances in which a solicitor might be refused a practising certificate. Article 6 adds to the Law Society's powers to impose terms and conditions on practising certificates. Terms and conditions may be imposed which extend also to subsequent practising certificates issued to a solicitor so as to require the solicitor to take steps to become more efficient in his practice. A practising certificate may be suspended where the Law Society exercises its statutory powers of intervention under the solicitor's order.

Article 9 clarifies the Law Society's powers of control over the education and training of those seeking admission as solicitors and for the first time allows the Law Society to control the continuing education and training of qualified solicitors. Article 10 allows the Law Society to provide in regulations for the running of solicitors' practices as bodies corporate.

Article 16 enables the Law Society to impose sanctions in the interest of the client where a solicitor has provided inadequate professional services. This may take the form of a refund of costs to the client or a rectification, at the expense of the solicitor, of any error or deficiency. To facilitate the investigation of complaints, the Law Society will have express power to require a solicitor to produce files and documents in his possession.

Article 17 increases the role of the lay observer by giving him express power to examine any written allegation from a member of the public about the Law Society's treatment of complaints and provisions made for the publication reports. The lay observer will also be able to refer certain matters to the solicitors' disciplinary tribunal with a view to the imposition of sanctions for inadequate professional services.

Article 18 reconstitutes the present disciplinary committee as the solicitors' disciplinary tribunal, so emphasising that it is a statutory tribunal, independent of the Law Society. It will have lay members appointed to it for the first time and, in addition to its present powers, will have new powers to impose sanctions for inadequate professional services and to exclude a solicitor from legal work or to reduce or cancel his costs in respect of such work.

The order contains provisions intended for the better regulation of the solicitors' profession in Northern Ireland in the interests of the public, and, indeed, in the interests of solicitors in Northern Ireland generally. The legislation was brought forward in close consultation with the Northern Ireland Law Society and has been generally welcomed by the General Consumer Council for Northern Ireland. I beg to move.

Moved, That the draft order laid before the House on 22nd June be approved.—(Lord Lyell.)

Lord Prys-Davies

My Lords, I thank the noble Lord, Lord Lyell, for introducing so clearly the provisions of the order. I am pleased to learn from the Northern Ireland Law Society that it was the society itself which took the initiative that led to the new order. The Northern Ireland Law Society welcomes the order and wants to lose no time in getting it duly sealed and delivered. I shall therefore not delay its passage for more than a minute or two.

The order touches on about 26 topics, but, out of that variety, I believe that the most important articles for the solicitor and his client are Articles 14 to 20 which deal with the investigation of complaints against solicitors and disciplinary proceedings. I am assured by the Law Society that they are acceptable to the society and its members, but it is equally important that they should bring comfort to the clients. I say that without striking a sceptical note. I believe that the Minister has already confirmed that the department consulted consumer interests in Northern Ireland in the course of preparing the order. That is reassuring.

There is just one point that I must make before resuming my seat. I should like to pay tribute to the 1,200 solicitors and their staff in the Province who practise their profession. They too play a significant role in difficult times to maintain law and order. We recall with sadness that a member of the Northern Ireland Law Society who was a courageous advocate paid the ultimate penalty not so many months ago. Having paid that tribute, I simply reiterate that we welcome the order.

Lord Lyell

My Lords, perhaps I may add my tribute to the solicitors and all who work for them. We recognise all the good work that they do in very difficult conditions, as indicated by the noble Lord, Lord Prys-Davies.

On Question, Motion agreed to.