HL Deb 14 July 1999 vol 604 cc463-4

(". Schedule (Powers of Law Society) which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.")

Lord Falconer of Thoroton

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 82. With the leave of the House, I shall also speak to Amendments Nos. 180, 215, 216 and 217.

These amendments represent a package of changes which the Law Society sought from the Government and which the Government were happy to promote. Their aim is to strengthen the Law Society's powers to investigate and deal with misconduct and to deal with solicitors who consistently give poor service.

Amendment No. 82 and Amendment No. 180 insert a new Schedule 7 extending the powers of the Law Society in relation to the practice, conduct and discipline of solicitors and their employees. Paragraph 1 of the schedule will give the society the power to monitor compliance by solicitors with the rules made under Section 31 of the Solicitors Act, whether or not there has been a complaint about a particular case. Paragraph 3 inserts a new Section 33A into the Solicitors Act which will allow the Law Society to make rules, with the concurrence of the Master of the Rolls, requiring solicitors to provide details of bank accounts operated in connection with their practice or any trust of which they are or were a trustee.

Paragraph 6 will allow the Law Society to close down a solicitors' firm that has been the subject of frequent and serious complaints about inadequate professional service. Paragraph 7 concerns non-qualified employees of solicitors firms found guilty of dishonesty. It will allow the Law Society and the Solicitors Disciplinary Tribunal to order that such a person may not be employed by any solicitors' firm. At present, the society can only require access to a solicitor's papers where a complaint about a particular case has been received. Paragraph 11 will allow the society to require solicitors to produce documents and files when there are reasonable grounds to suspect that there has been professional misconduct by a solicitor or a breach of the society's rules, or the professional services provided by a solicitor are not of an adequate quality.

Paragraph 13 gives the Law Society a new power to direct solicitors to pay any costs incurred during the course of an investigation of professional misconduct or failure to comply with the rules. The other provisions of the new schedule make equivalent amendments to the Administration of Justice Act 1985 (which deals with incorporated solicitors' practices), and other minor, technical amendments to the 1974 and 1985 Acts. Amendments Nos. 215–217 make consequential repeals. These powers will remove a number of unnecessary restrictions on disciplinary activity by the Law Society. I commend them to the House.

Moved, That the House do agree with the Commons in their Amendment No. 82.—(Lord Falconer of Thoroton.)

Lord Phillips of Sudbury

I support the Government in the series of amendments, which will prove extremely helpful in the better regulation of the profession.

On Question, Motion agreed to.