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Legal Services Bill [HL]

moved Amendment No. 151C: 151C:Clause 184 , page 99, line 4, leave out subsection (2) The noble Lord said: The amendment would remove the exemption from the need to hold a practising certificate, which currently applies to solicitors in the Government’s service. We believe that all those who are subject to regulation should contribute to regulation. The Government themselves voiced that doctrine in their response to the Joint Committee report by venturing that: "““The basic principle is that those being regulated should bear the cost of regulation””." Consequently, all solicitors providing legal services in private practice are required to hold a practising certificate and therefore to contribute towards the cost of regulation. The same is true of solicitors in commerce, industry and even local government. However, government solicitors are entirely exempt from the need to hold a certificate. We are aware of no sensible justification for allowing that loophole to continue. We believe that the Government have already recognised that such a situation is no longer tenable. When the Bar Council's practising certificate fees became enforceable as a result of the Access to Justice Act 1999, there was no provision excluding government barristers from the need to hold a practising certificate. It is, therefore, the current position that government solicitors are exempt from the need to hold a practising certificate while government barristers are required to pay. That is an unfair and indeed discriminatory situation which the Bill provides a perfect opportunity to put right. I beg to move.