moved Amendment No. 207A:"Page 40, line 33, leave out from ““solicitor”” to end of line 35."
The noble Baroness said: In moving Amendment No. 207A I shall speak also to Amendments Nos. 218 and 219 which are consequential on it. This is a small point, but I suggest that there may be just a small mistake in the Bill. I do this with trepidation, as the Minister is nearly always right.
Clause 72 provides for rules of court to be made regarding hearings on issues of national security. In the case of Scotland, those hearings will be in the sheriff court only. In the sheriff court, all solicitors have rights of audience. Clause 72(3)(b) provides that when the Advocate General for Scotland appoints a solicitor to appear for a claimant in the sheriff court he would have to appoint:"““an advocate, or . . . a solicitor who by virtue of section 25A of the Solicitors (Scotland) Act 1980 (c.46) has rights of audience in the Court of Session or the High Court of Justiciary””."
That is not necessary because any solicitor can appear in the sheriff court.
I am told by the Law Society of Scotland that there are a number of highly experienced solicitors who would be eminently suitable for this role but who do not have rights of audience in the Court of Session or the High Court of Justiciary. On asking, a name was given to me. There are in fact a number of people who would be obvious candidates to do this job.
I hope that the Government will accept this amendment and leave out that qualification so that Clause 72(3)(b) simply reads,"““in relation to proceedings in Scotland, if he is an advocate or a solicitor””."
That would be all that is required in the view of the Law Society of Scotland. I beg to move.
Equality Bill [HL]
Proceeding contribution from
Baroness Carnegy of Lour
(Conservative)
in the House of Lords on Wednesday, 13 July 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Equality Bill (HL).
Type
Proceeding contribution
Reference
673 c1189-90 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:59:17 +0100
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