AS AN AMENDMENT TO COMMONS AMENDMENT NO. 125 (Hansard, 25 October 1990)

§ Lord McCluskey
My Lords, I beg to move Amendment No. 125A. It relates to the provision in Amendment No. 125. Having been a Minister myself at one stage, when I hear the Minister standing at the Dispatch Box and saying "honourable Members", I can appreciate how recently the matter has come from another place and that there has not been time to top and tail the instructions to him in an appropriate fashion. I say no more about that matter; I merely raise it to illustrate a point. We have had even less time to prepare for today's debate.
The problem with revocation of the rights of all members of a body to practise their rights of audience is that at the moment the revocation takes effect there may be several members who are representing people in courts in cases that extend over a period of time. There may be cases that will last for several days or cases that have been postponed to a future date. If all the members of the body lose the right under such an order at the same time, as they would, then no provision is made for what is to happen in the event of such an occurrence. As a result people who were represented by the barefoot pleaders, members of a body which had lost its rights, would not be represented. Some provision should be made for that situation.
If the Lord Advocate is indicating that when the Secretary of State makes his input to the approval or disapproval of rules made by the body he will seek to insist that they make provision for a kind of insurance policy against the day when the rights are revoked by such an order, then I think that the House will be happy to accept that position and not insist upon the amendment.
Moved, That Amendment No. 125A, as an amendment to Commons Amendment No. 125, be agreed to.—(Lord McCluskey.)

§ Lord Fraser of Carmyllie
My Lords, I indicated that such a matter could be included within a scheme. At this stage it would be premature for me to give an unequivocal undertaking that the Secretary of State would include such a provision. I intended to convey to the noble and learned Lord that as I read Clause 23(4), that situation could be achieved.

§ Lord McCluskey
My Lords, the mountain has roared and brought forth a mouse. At last we have something. I am content to accept the situation on the basis that the Lord Advocate will refer his concern to the Secretary of State. On that basis I beg leave to withdraw my amendment.