---

Legal Services Bill [HL]

I hope to steer a course between the different views here, and to support what the noble and learned Baroness has said. It is not appropriate for the OLC to assume a naming and shaming role. There are issues, of course, about human rights and data protection, but it is not the overall purpose of the complaints scheme, and would ultimately undermine the objectives of the scheme. My noble friend Lord Whitty was looking, specifically I think, for what the noble and learned Baroness suggested, which is that where it might be considered appropriate, that would be available. This is not, actually, about the acceptance of the amendment, because the powers in the Bill enable what my noble friend is looking for; the OLC has that power. It is explicitly precluded in the legislation, under Clause 147(1), from publishing the identity of a complainant, but not the identity of a respondent. The effect of legislative drafting, with which my noble friend is very familiar, is that the OLC has the power to identify respondents in its reports. We do not need to add anything to the Bill therefore because Clause 147(2) states that except for the complainant, anyone can be mentioned. That is a much better of way of dealing with this than trying to set out the alternative, which is to provide that in certain circumstances they could be named. As I have indicated, in specific circumstances that will be appropriate. As the noble and learned Baroness and my noble friend have said, that is right and proper, but it is not about naming and shaming or putting forward anyone in circumstances where it would be inappropriate to do so. That point was made clearly by the noble Lords, Lord Thomas of Gresford and Lord Kingsland. That is not what this is about. However, I agree that there will be circumstances in the public interest where in that context the ability to be able to name someone is important and the Bill allows for that, which is precisely what my noble friend seeks. On that basis, I hope that he will withdraw his amendment.