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Legal Services Bill [HL]

The noble Baroness is so charming with her metaphors but it is interesting that she picks up the metaphor of the noble Lord, Lord Whitty, who wants the big stick to be available, although he hopes that it will never be used and the noble Baroness is using it in public to give people light raps across the knuckles. If censure is proposed, will there be a right of appeal? The discussion has concerned whether the right of appeal should be the right of appeal that exists, without it being put into the Bill, to seek leave of the High Court to bring a judicial review, or whether there should be an express right of appeal on the face of the Bill. I know that that is a later amendment, but it must be discussed in this context. My noble friend Lord Kingsland enlightened me when he pointed out that the right of appeal he has in mind is to the High Court, which would exercise it on judicial review principles. It has always been at the back of my mind—and probably at the front of the Minister’s—that the High Court will not want to substitute its view for that of the Legal Services Board; it will simply wish to steer the Legal Services Board back on to the right course in considering the right matters and being proportionate. I was looking for a light touch in the Bill, and the closest thing to it is in Clause 3(3)(a), which refers to: "““the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only””—" the word ““only”” is important— "““at cases in which action is needed””." It is exactly when one of the regulatory bodies feels that it is being unnecessarily or disproportionately targeted that a right of appeal will be healthy. I am inclined to think that it would be wise simply to build that right of appeal into the structure of the Bill, rather than this slightly difficult ““dong-dong”” position of knowing when one should apply for judicial review. I throw those out as thoughts, and hope that they are of assistance in leading us to the right answer.