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Legal Services Bill [HL]

I have an amendment grouped with that of the noble Baroness, Lady Henig. Although its wording is somewhat different, I believe that the intention behind it is very similar. We are aware of the importance of a clear separation between, on the one hand, the representative role of the Law Society and the Bar and, on the other hand, their disciplinary role. But it is crucial that the separation of functions between the handling of consumer complaints and professional conduct matters does not deprive approved regulators of the information that they need to act promptly whenever issues of professional conduct arise. Information derived from consumer complaints is, as the noble Baroness well knows, a key source of regulatory information. The Office for Legal Complaints should pass to approved regulators the information that the approved regulators need at the time they require it. It would, I submit with respect, not be sufficient for the OLC to wait until the determination of a complaint before passing information to approved regulators in a serious case, such as one where dishonesty might be involved and urgent action was plainly necessary. Clause 141 requires scheme rules to make provisions concerning the disclosure of information, and the clause specifically recognises the desirability of the OLC assisting approved regulators in carrying out their regulatory functions. Nevertheless, the provision still leaves the initiative very much with the Office for Legal Complaints, as the provisions concerned are to be in scheme rules made by the OLC. The purpose of the amendment is to seek to rebalance the provision by ensuring that the OLC consults the approved regulators before settling its proposed rules.