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Legal Services Bill [HL]

I have listened with fascination to the Committee’s deliberations today. I thought that I knew everything about the difference between an appeal and an application for judicial review, but I have realised that I do not and that there is more to this than academics appreciate. I believe that Part 5 of the Bill raises issues of a different order; it could have a very significant effect on access to justice. As I understand the purpose of the Bill, it is intended to increase access to justice and to improve the position of the consumer of legal services. In so far as that is the Bill’s intention, I am sure that no noble Lord would want to do other than support it. For the reasons given by the noble Lord, Lord Kingsland, which were indicated by the Joint Committee, this is an untried situation. Anyone who has in recent years had the responsibility of travelling around the country in the interests of the administration of justice and access to justice knows that there are real problems with the availability of legal services in the country as a whole. That is particularly true in parts of Wales, where I have heard much from high-street solicitors. There is no doubt that large businesses could provide legal services in a novel and interesting way. But that could—unintentionally, perhaps—have a devastating effect on those who have traditionally provided services in rural areas in particular. Great care has to be exercised to see that damage does not occur. In his amendment, the noble Lord, Lord Kingsland, indicated one way of providing some protection—one way in which to square the circle. But I urge the Minister to accept that that is not the only way of achieving that objective. The licensing authority could be given guidance and direction in the Bill requiring it to pay appropriate respect to the importance of the issue the noble Lord, Lord Kingsland, raised and which I seek to underline. I hope that the Minister will feel that she can take the clause away with a view to giving further consideration to this issue, particularly taking into account the concerns that have been expressed today as well as those of the Joint Committee.