§ Mr. McNamaraasked the Secretary of State for Prices and Consumer Protection when he expects to implement the Monopolies and Mergers Commission's report on the supply in Scotland by senior counsel alone of their services; and if he will make a statement.
§ Mr. John FraserAs a result of the discussions which have taken place, at my right hon. Friend's request, between the Director General of Fair Trading and the Faculty of Advocates, in the light of the Monopolies and Mergers Commission's report, all existing provisions which restricted the freedom of senior counsel in Scotland to appear alone have now been lifted and in their stead the Faculty has now formally adopted a resolution which permits senior counsel to appear alone if they wish.
In its report the Monopolies and Mergers Commission concluded that the restrictions on supply by senior counsel alone of their services operated against 176W the public interest because on occasions they caused unnecessary expense to litigants and wasted junior counsel's time.
Under the new resolution, before sending instructions to a senior counsel to act alone, a solicitor will be expected to ask him in good time whether or not he would be prepared to accept instructions in that particular case on that basis. In reaching his decision, a senior counsel will be entitled to take into account not only the circumstances of the case but also his personal circumstances and other commitments.
Since 1970 senior counsel in Scotland have been free, though not obliged, to appear alone in criminal cases. The effect of the Faculty's resolution is to extend this ruling to court appearances in civil cases. As far as drafting work is concerned, the previous restrictions prevented senior counsel from drafting documents themselves related solely to the preparation of pleadings. The Faculty's resolution incorporates a relaxation of these restrictions where the pleadings are incidental to a court appearance in which the senior counsel is acting alone.
The arrangements introduced by the Faculty appear to me to be a satisfactory method of implementing the Monopolies and Mergers Commission's report. However, in order to appraise the success of the resolution in operation the Director General of Fair Trading has agreed with the Faculty that the new arrangements should be reviewed after two years.