Bar Council Continues To Lobby Over Legal Services Reforms

by Robin Pilgrim, LawAndTax-News.com, London

20 February 2007

The Bar Council, which represents 14,000 barristers in England and Wales, this week announced the launch of a major new lobbying offensive over the Legal Services Bill, currently before the House of Lords.

The Bar Council has voiced concerns during the passage of the Bill about the impact it could have on the independence of the legal profession, arguing that its contribution to the UK economy could be jeopardised.

It has also warned of the high cost of setting up the Bill’s proposed new regulatory architecture, and argued for the need to limit such costs by ensuring that the new Legal Services Board is a truly light-touch regulator, and by giving the Office for Legal Complaints the power to delegate complaints handling to the Bar Council, acting through the Bar Standards Board.

The Bar Council has now written to 200 Peers and begun a round of face to face meetings to press home its case. Amendments reflecting its concern have already been tabled during the passage of the Bill to date, though Ministers have as yet been unwilling to make changes.

Commenting on the lobbying initiative, Bar Chairman Geoffrey Vos QC explained that:

"The Bar is concerned that the provisions relating to appointments to the new Legal Services Board will weaken the perceived independence of the legal profession, by placing too much power in the hands of the Government."

"Apart from the constitutional significance of this proposal, we believe that the Government’s approach could have a detrimental effect on our overseas markets. This approach could well threaten the Bar’s GBP200m contribution to the value of the UK’s service exports."

"We propose that the Chairman and members of the LSB should be made by the Lord Chancellor with the concurrence of the Lord Chief Justice."

"This would reduce the perception that the appointment could be subject to inappropriate political influence. We note that the Government has accepted the formula “… in consultation with the President of the Court of Session” in recent legal services reform legislation in Scotland."

Turning to complaints handling, Mr Vos added:

"The “one size fits all” approach towards the handling of legal complaints in the Bill is not appropriate to all types of case. It will be costly and inefficient to operate. It will create inflexibility, to the detriment of consumers."

"The Bar Council, with the support of our ring-fenced regulatory arm, the Bar Standards Board, believes that the Bill should be amended to provide flexibility that serves the consumer. This would allow the proposed new Office for Legal Complaints to delegate service as well as conduct complaints to approved regulators, such as the Bar Standards Board, provided the LSB was satisfied that this would be appropriate."

He concluded:

"Our risk-based approach will strengthen the consumer interest in efficient and effective complaints’ handling but the Government has, as yet, refused to modify the Bill."

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