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Legal Services Bill [HL]

I entirely agree with the noble Lord, Lord Kingsland, about the different duty that rests on the Lord Chancellor. Indeed, if he looks at the evidence given by the noble and learned Lord to the Constitution Committee, I think he will find that the noble and learned Lord the Lord Chancellor has himself expressly recognised that he has a more positive and a more intense duty than that generally imposed on Ministers. I certainly think it is right that the appointment should be made by him. I confess I do not understand why the two sets of amendments are being treated as alternatives. The Lord Chancellor’s recommendation can be made with the concurrence of the Lord Chief Justice, whether it is the Secretary of State or the Lord Chancellor. The person should not be appointed without the concurrence of the head of the legal profession because he will be regulating it, and if the people concerned are incompatible, there will be chaos. It is therefore a mistake to treat the two sets of amendments as alternatives—they are cumulative. If the recommendation has to be made by the Lord Chancellor, the need for the concurrence of theLord Chief Justice is slightly less because the Lord Chancellor would be more likely to consult him. However, they are both highly desirable. The present amendment is essential and would fly in the face of the division of responsibilities which the Lord Chancellor has set out.