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moved Amendment No. 149A: 149A:Schedule 16 , page 231, line 30, leave out paragraph 40 and insert— ““40 Section 44B (examination of files) is amended as follows— (a) in subsection (1)— (i) for ““Council are”” substitute ““Society is””, (ii) in paragraph (b) for ““Council”” substitute ““Society””, (iii) omit paragraph (c),...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c181-3
House
House of Lords

I am grateful to the noble Lord, Lord Kingsland, for raising these issues. We recognised that the powers to require information currently contained in Section 44B of the Solicitors Act 1974 may indeed need to be revised in some way. We have some concerns; for example, the definition of third...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c183
House
House of Lords

In those circumstances, the correct approach for me to adopt is to beg leave to withdraw the amendment. Amendment, by leave, withdrawn.

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c181
House
House of Lords

Did the Law Society see the Bill before it was published? It seems extraordinary that Parliament has to look at redrafting details that the Law Society spots are necessary simply to go on doing what it does or to make the alterations that the Government want. Did the Government talk...

Member
Baroness Carnegy of Lour (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c181
House
House of Lords

I am extremely grateful to the noble Lord for dealing so succinctly with this huge group of amendments, and for the way in which he was able to read out all the numbers. I am sure that I could not emulate him. I shall again resist the temptation to go...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c180
House
House of Lords

I am most grateful to the noble Baroness, who has again assured your Lordships that she will take these amendments away and consider them before the next stage of the legislative procedure. I understand her concerns about the proposals in relation to third parties. On the other hand, without casting...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c183-4
House
House of Lords

moved Amendment No. 149C: 149C: Schedule 16, page 232, line 6, at end insert— ““(2) After that section insert— ““44F Power for Society to rebuke and reprimand (1) Where the Society has investigated whether there has been professional misconduct by a solicitor, or whether a solicitor has failed to comply...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c184
House
House of Lords

I declare an interest as a Master of the Bench of the Middle Temple; that is, I am a member of the governing body of my Inn of the Court. In the past, I have acted as chair of the scholarships committee, which has a significant educational role. It is...

Member
Lord Borrie (Labour)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c191-2
House
House of Lords

I endorse and unreservedly support what the noble Lord, Lord Kingsland, has said. I declare an interest as a former Treasurer of the Inner Temple. Having been a Treasurer and a Bencher of that Inn for many years, and having engaged from time to time in the education of students...

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c190-1
House
House of Lords

moved Amendment No. 150: 150: Schedule 16, page 232, line 18, leave out paragraph 43 and insert— ““43 After that section insert— ““46A Funding of the Tribunal (1) The Tribunal must submit to the Society and the Legal Services Board in respect of each year a budget for the year....

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c185-6
House
House of Lords

I am once again most grateful to the noble Baroness for agreeing to take these matters away and consider them. I beg leave to withdraw the amendment. [Amendment No. 149D not moved.]

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c185
House
House of Lords

I am most grateful to the noble Baroness. I am not sure. These amendments were inspired by the Solicitors Disciplinary Tribunal. I do not know to what extent there has been communication between the Law Society and the Solicitors Disciplinary Tribunal about the merits of this proposal so, when the...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c187
House
House of Lords

I am grateful to the noble Lord. The provisions we have set out in paragraph 43 of Schedule 16 are intended to give the Solicitors Disciplinary Tribunal clear financial independence from the Law Society for the first time by providing that it sets its own budget. I know that this...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c186-7
House
House of Lords

Once again, I am grateful to the noble Lord, Lord Kingsland, for explaining the detail behind the amendments. We have discussed a number of groups of amendments around Schedule 16. The purpose of Schedule 16 is, in part, to extend the Law Society’s intervention powers. These amendments build on the...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c188
House
House of Lords

moved Amendment No. 150ZA: 150ZA: Schedule 16, page 238, line 17, leave out paragraph (a) and insert— ““(a) for sub-paragraph (1)(a) substitute— ““(a) the Society has reason to suspect dishonesty on the part of a solicitor;””, (aa) after that sub-paragraph insert— ““(aa) the Society has reason to suspect dishonesty on...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c187-8
House
House of Lords

moved Amendment No. 151: 151: After Clause 173, insert the following new Clause— ““Barristers Barristers (1) A person may not be authorised to carry on a reserved legal activity as a barrister unless he has been called to the Bar by an Inn of Court and is not disbarred by...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c189-90
House
House of Lords

Once again, I am most grateful to the noble Baroness. I have succeeded for the most part and hope that she will reflect on her hesitations about the two amendments between now and Report stage. Meanwhile, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 150ZB...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c189
House
House of Lords

I support what has just been said by the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Borrie. Two Inns have now been covered. I represent a third Inn and I declare that I am a practising barrister called to the Bar by Gray’s Inn where in...

Member
Lord Neill of Bladen (Crossbench)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c192
House
House of Lords

After the second intervention of the noble Baroness, I feel much more reassured. In those circumstances, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 174 agreed to. Schedule 17 [Licensed conveyancing]:

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c195
House
House of Lords

I hope that the noble Lord can organise it. I completely recognise the strength of feeling about the role of education and training. The noble and learned Baroness, Lady Butler-Sloss, talked about it with great passion. The noble Lord, Lord Kingsland, described it as unique. The noble Lords, Lord Neill...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
6 March 2007
Reference
690 c193
House
House of Lords