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To ask the Secretary of State for Justice, whether he has assessed the potential implications for open justice of the Solicitors Disciplinary Tribunal’s decision to bar the press and public from recent proceedings.
To ask the Secretary of State for Justice, whether he has assessed the potential implications for open justice of the Solicitors Disciplinary Tribunal’s decision to bar the press and public from recent proceedings.
The Solicitors Disciplinary Tribunal (SDT) is an independent statutory tribunal that hears cases of alleged misconduct by solicitors, registered European Lawyers, registered foreign lawyers, and employees of solicitors’ firms.
The SDT is committed to upholding the principles of open justice. Its default position is that hearings should be held in public and that any departure from this principle must be justified as an exception. Rule 35 of the Solicitors (Disciplinary Proceedings) Rules 2019 governs the SDT's power to hold a private hearing and stipulates the specific exceptions where hearings may be private. The primary ground for holding a private hearing is exceptional hardship or prejudice to a party, witness, or affected person. In addition, a private hearing may be necessary where a public hearing would prejudice the interests of justice. Details of the SDT’s approach to conducting hearings, or parts of a hearing, in private are available here: https://solicitorstribunal.org.uk/resource/policy-public-private-hearings/.
Whilst the Ministry of Justice does not intervene in individual cases or decisions of the SDT, we keep the underlying legislative framework under review to ensure it continues to provide an effective and transparent disciplinary system.
To ask Her Majesty's Government how many solicitors they have reported to the Solicitors Disciplinary Tribunal for misconduct in immigration cases in the last five years.
To ask Her Majesty's Government how many solicitors they have reported to the Solicitors Disciplinary Tribunal for misconduct in immigration cases in the last five years.
Under the framework established by the Legal Services Act 2007 the legal services sector in England and Wales is independent of Government, and solicitors are regulated by the Solicitors Regulation Authority (SRA). The SRA investigates alleged misconduct and can prosecute serious cases before the independent Solicitors Disciplinary Tribunal. The Government has no role in reporting solicitors to the tribunal.
To ask Her Majesty's Government which solicitors were (1) fined, (2) struck off, and (3) received other disciplinary action from the Solicitors Disciplinary Tribunal, for charging coalminers out of the compensation scheme for (a) vibration white finger, and (b) chronic obstructive pulmonary disease. [T]
To ask Her Majesty's Government which solicitors were (1) fined, (2) struck off, and (3) received other disciplinary action from the Solicitors Disciplinary Tribunal, for charging coalminers out of the compensation scheme for (a) vibration white finger, and (b) chronic obstructive pulmonary disease. [T]
The Government does not hold the information requested. The Solicitors Disciplinary Tribunal is an independent Tribunal established under the Solicitors Act 1974.
To ask the Secretary of State for Justice, what assessment he has made of the (a) effectiveness of the Solicitors Disciplinary Tribunal in ensuring public protection in relation to the legal sector and (b) potential effect of a change in the standard of proof used by the Tribunal from the...
To ask the Secretary of State for Justice, what assessment he has made of the (a) effectiveness of the Solicitors Disciplinary Tribunal in ensuring public protection in relation to the legal sector and (b) potential effect of a change in the standard of proof used by the Tribunal from the...
The Solicitors Disciplinary Tribunal (SDT) is an independent Tribunal which has a statutory right to make its own rules, under section 46 of the Solicitors Act 1974.Following a consultation in 2018, the SDT has now confirmed it intends to make new rules, including a change to using the civil standard of proof in all determinations.
To ask the Secretary of State for Justice, whether he has made an assessment of the potential effect on the level of public confidence in the legal sector of the continued use by the Solicitors Disciplinary Tribunal of the criminal standard of proof.
To ask the Secretary of State for Justice, whether he has made an assessment of the potential effect on the level of public confidence in the legal sector of the continued use by the Solicitors Disciplinary Tribunal of the criminal standard of proof.
The Solicitors Disciplinary Tribunal (SDT) is an independent Tribunal which has a statutory right to make its own rules, under section 46 of the Solicitors Act 1974.Following a consultation in 2018, the SDT has now confirmed it intends to make new rules, including a change to using the civil standard of proof in all determinations.
To ask the Secretary of State for Justice, if his Department plans to respond to the Solicitors Disciplinary Tribunal’s consultation on changes to its procedural rules.
To ask the Secretary of State for Justice, if his Department plans to respond to the Solicitors Disciplinary Tribunal’s consultation on changes to its procedural rules.
This consultation closed on 8 October. As the legal profession in England and Wales is independent of government, the department did not respond. We understand that the Solicitors Disciplinary Tribunal is currently reviewing consultation responses.
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011 (SI 2011/2863); draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) (No. 2) Order 2011 (SI 2011/2865). Considered by delegated legislation committee. Agreed to on question.
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011 (SI 2011/2863); draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) (No. 2) Order 2011 (SI 2011/2865). Considered by delegated legislation committee. Agreed to on question.
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011 (SI 2011/2863). Lords debate on a motion to consider. Agreed to on question. Debated with draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) (No.2) Order 2011 (SI 2011/2865).
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011 (SI 2011/2863). Lords debate on a motion to consider. Agreed to on question. Debated with draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) (No.2) Order 2011 (SI 2011/2865).
The Minister has already referred several times to consultation. Perhaps now, or in his summing up, he will give any instances of consultation in Wales and with whom consultations may have been taking place.
The Minister has already referred several times to consultation. Perhaps now, or in his summing up, he will give any instances of consultation in Wales and with whom consultations may have been taking place.
I will address that in my closing remarks. I was about to say that the matter of the extension of this order was raised in particular by the noble Lord, Lord Hunt of Wirral, who is not in his place today. Noble Lords will be aware that the Rehabilitation of...
I will address that in my closing remarks. I was about to say that the matter of the extension of this order was raised in particular by the noble Lord, Lord Hunt of Wirral, who is not in his place today. Noble Lords will be aware that the Rehabilitation of...
My Lords, I would like to speak on the first of the two orders. I no longer have to formally declare an interest as I no longer chair the Legal Services Consumer Panel, but it was in that guise that I had such an interest in the implementation of this...
My Lords, I would like to speak on the first of the two orders. I no longer have to formally declare an interest as I no longer chair the Legal Services Consumer Panel, but it was in that guise that I had such an interest in the implementation of this...
That the Grand Committee do report to the House that it has considered the Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011. Relevant documents: 29th Report from the Joint Committee on Statutory Instruments.
That the Grand Committee do report to the House that it has considered the Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011. Relevant documents: 29th Report from the Joint Committee on Statutory Instruments.
My Lords, for the convenience of the Committee I intend to speak to the two orders together. On the appeals order, noble Lords may be aware that the licensing regime for alternative business structures contained in the Legal Services Act 2007 became operational on 6 October. In relation to that...
My Lords, for the convenience of the Committee I intend to speak to the two orders together. On the appeals order, noble Lords may be aware that the licensing regime for alternative business structures contained in the Legal Services Act 2007 became operational on 6 October. In relation to that...
My Lords, I thank the noble Lord, Lord Bach, for that response. He is always very kind about how clear and thorough I am in explaining statutory instruments. He knows as well as I do that it is only because of the hard work of the people who sit behind...
My Lords, I thank the noble Lord, Lord Bach, for that response. He is always very kind about how clear and thorough I am in explaining statutory instruments. He knows as well as I do that it is only because of the hard work of the people who sit behind...
My Lords, I start by thanking the Minister very warmly for his clear and thorough opening remarks and description of these orders. I have little to say about them except to express the support of the Opposition for them both. There is no doubt that the Legal Services Act 2007...
My Lords, I start by thanking the Minister very warmly for his clear and thorough opening remarks and description of these orders. I have little to say about them except to express the support of the Opposition for them both. There is no doubt that the Legal Services Act 2007...
I will write to the noble Lord.
I will write to the noble Lord.
I am grateful to the Minister for fielding my query. I content myself with the reminder to him: he is the Minister and he will do the work.
I am grateful to the Minister for fielding my query. I content myself with the reminder to him: he is the Minister and he will do the work.
I am grateful. Motion agreed.
I am grateful. Motion agreed.
My Lords, I welcome both orders. The Minister will recollect that when the matter was first discussed here, we raised our concern and he was good enough to say that he would take the matter back, examine it and see what appropriate action was necessary. I endorse what the noble...
My Lords, I welcome both orders. The Minister will recollect that when the matter was first discussed here, we raised our concern and he was good enough to say that he would take the matter back, examine it and see what appropriate action was necessary. I endorse what the noble...
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011. With an explanatory memorandum and impact assessment from the Ministry of Justice. Approved by Parliament. Made 29 November 2011 (SI 2011/2863). Coming into force in accordance with article 2.
Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No. 2) Order 2011. With an explanatory memorandum and impact assessment from the Ministry of Justice. Approved by Parliament. Made 29 November 2011 (SI 2011/2863). Coming into force in accordance with article 2.