Multi-national practices. (Hansard, 25 October 1990)

§ Lord Fraser of Carmyllie
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 128 to 130 en bloc. I should like also to speak to Amendments Nos. 243, 245 and 262. I should also mention Amendment No. 244A which is in the name of the noble and learned Lord, Lord McCluskey.
The new clause will, I hope. be welcomed by the House. The Bill already provides for the removal of existing statutory barriers to the formation of multi-national practices and this new clause makes it absolutely clear that Scottish solicitors are entitled to enter into such practices. More importantly perhaps it gives the Council of the Law Society of Scotland certain powers to regulate such practices. The House will wish to be aware that the amendment has been discussed with the Law Society, which has indicated its general support for the amendment as drafted and for the policy in general.
This clause is an enabling power rather than a detailed attempt to regulate multi-national practices. It creates a flexible framework within which details can be worked out in the light of developments in international legal practice. Thus the Secretary of State for Scotland is accorded a regulation-making power to attach existing statutes and statutory instruments to foreign lawyers practising in Scotlnad or in partnership with Scottish solicitors where he considers it appropriate. That power is to be exercised only after consultation with the Council of the Law Society and is subject to affirmative to resolution in both Houses. The new clause paves the way for enhancement of business opportunies for the Scottish legal profession and for better legal services.
Amendment No. 244A in the name of the noble and learned Lord, Lord McCluskey, would restrict the scope of multi-national practices to those involving 1603 lawyers from within the European Community. This would, for example, allow partnerships with Germany but not with Switzerland and with Denmark but not with Norway. That situation would be anomalous. The provisions contain the important safeguard that the Law Society has discretion over which foreign lawyer; are to be accepable according to the arrangments under which they are regulated in their home jurisdictions. That provision is without prejucide to EC directives dealing with the services of lawyer; and the mutual recognition of qualifications.
The remaining amendments in this group are primarily intended to clarify the position of multi-disciplinary practices in the regulatory frame-work which governs solicitors. The House will be aware that the Bill already provides for the removal of existing statutory barriers to the formation of multi-disciplinary practices—that is, practices involving solicitors and followers of other professional disciplines—and to shift responsibility for the extent to which multi-disciplinary practices should be permitted to the Council of the Law Society of Scotland. Amendment No.128 clarifies the rule-making role of the Law Society in that regard.
Moved, That the House do agree with the Commons in their Amendments Nos. 128 to 130.—(Lord Fraser of Carmyllie.)

§ Lord McCluskey
My Lords, the only matter I should like to mention is in regard to Amendment No. 244A. That amendment seeks to restrict the multi-disciplinary partnerships in the way indicated by the noble and learned Lord. I am content with what he has stated. I had not properly grasped the point. I have now understood it entirely from what he has said and am grateful to him for that explanation. Accordingly, I merely intimate that I do not propose to move Amendment No. 244A when the time comes. I have nothing else to say in relation to the other matters.

§ The Earl of Strathmore and Kinghorne
My Lords, I beg to move that further consideration of the Commons amendments be now adjourned. In moving the Motion perhaps I may suggest that the House does not return to this business until half-past seven.
Moved, That further consideration of the Commons amendments be now adjourned.—(The Earl of Strathmore and Kinghorne.)

§ Lord Harris of Greenwich
My Lords, most of us are quite content with this arrangement of half an hour, given the special circumstances of the debate, but I must make it absolutely clear that in future we shall look for the normal hour.