HL Deb 19 March 1997 vol 579 cc1007-8
Lord Mackay of Drumadoon

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Therefore, unless any noble Lord objects, I beg to move that the order of commitment be discharged.

Moved, That the order of commitment be discharged.—(Lord Mackay of Drumadoon.)

On Question, Motion agreed to.

Then, Standing Order No. 44 having been suspended (pursuant to Resolution of 18th March):

Lord Mackay of Drumadoon

My Lords, I beg to move that this Bill be now read a third time.

The Bill will increase and clarify the powers of the Scottish Legal Services Ombudsman and will strengthen the powers of the Commissioner for Local Administration. The additional powers will bring the Scottish ombudsman broadly in line with counterparts in England and Wales. It is appropriate that I deal briefly with two points which were raised at Second Reading, about which I wrote separately to the noble Lords involved.

First of all, there was a concern about the ombudsman's powers to require the production of relevant documents and information. I have now considered this matter further and I am satisfied that the ombudsman's powers are appropriate. It is very much in the public interest that the ombudsman should have access to all relevant information and documents even if these would otherwise be confidential. I should, however, stress that the ombudsman can only require information or documents of relevance to his investigation of how a professional organisation such as the Law Society of Scotland or the Faculty of Advocates has handled a complaint.

The second point raised at Second Reading concerned what would happen if professional organisations refused to provide the ombudsman with documents and information. These organisations are already under a statutory duty to comply with the ombudsman's requirements and there have been no difficulties over compliance in the past, nor any suggestion that there would be in the future. I am satisfied that the strengthened powers, such as those proposed for the Scottish Legal Aid Board in the Crime and Punishment (Scotland) Bill, are neither necessary nor appropriate. I commend the Bill to the House.

Moved, That the Bill be now read a third time.— (Lord Mackay of Drumadoon.)

On Question, Bill read a third time.

Lord Mackay of Drumadoon

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Lord Mackay of Drumadoon.)

On Question, Bill passed.