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Legal Services Bill [HL]

I start from the principle that the legal professional bodies are well established, well organised and well funded to represent their interests. They may disagree with that, but it says in my notes that they are well funded. I have no doubt that will remain the position under the regulatory framework that we are proposing. Indeed, it could be argued that separating out regulatory and representative functions could make that much easier. They would be able to lobby the Legal Services Board more effectively and more freely than they do at present. The same applies to the regulatory arms that will be created. As my noble friend Lord Borrie said, the consumer position has not been so clear-cut. There is no doubt that many individual consumers have lobbied the legal professions over the years, and they have lobbied the Government too, but there would not be any dispute that they have not had a great deal of success. In large part, as my noble friend said, that is because there is not the co-ordination, focus, force or the opportunity to develop the experience and knowledge that might be appropriate. We have said categorically that there is no question that the role of the consumer is critically important in this legislation, and I make no apology for that. It is very important that the regulatory framework that we set up recognises that its purpose is to make sure, within the public interest as we have talked about, that good services are provided for consumers. I make no comment on the quality of services provided now. That is what it is for, and that is what we have to focus on. We want to make sure in so doing that the consumer voice is appropriately heard, with appropriate expertise and experience. It may have been dangerous to link it to the Financial Services Act, but I was merely attempting to show the kind of way in which it would be organised, to put a picture in noble Lords’ minds. For me, there is no doubt that what we are doing with the consumer panel is evening up the position, where the approved regulators will have the relationship and the opportunity, and the professional bodies will have the relationship and the opportunity to lobby. I consider it inconceivable that they would not be listened to in the appropriate way. Where I have some sympathy with what is being proposed is in the question of making sure that smaller bodies are given a voice. That is very much about the modus operandi of the board in ensuring that how it thinks about talking to different bodies is taken into account, so I take that point. We are clear that we need a Consumer Panel to make sure that the consumer’s voice is heard appropriately. We believe that there is no question but that the representative bodies will be able, as they already do, to make their representations clearly. Therefore, the amendment is not needed.