Legal Services Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 74 to 77. I shall speak also to Commons Amendments Nos. 81 to 88. I now introduce amendments made in the other place which deal with appointments to and dismissals from the Legal Services Board. This is an important question and I have no doubt we will have a good debate. It goes to the heart of the independence of the legal profession and, quite rightly, this part of the Bill has been the subject of a great deal of scrutiny and debate at almost every stage of the Bill’s passage. I have no doubt whatever that the Lord Chief Justice will add a great deal to the process of appointments. He is a man of the utmost integrity, independence and experience, and these attributes will be invaluable when making appointments to the board. The Government also wish to highlight the importance of adherence to best practice in making public appointments and the importance of the external oversight and regulation which is exercised by the Commissioner for Public Appointments. This provides an assurance that proper procedures have been followed and that appointments will not only be made transparently and independently but that those making such appointments are fully and properly accountable to Parliament. That is why we amended the Bill so that the Lord Chancellor must consult the Lord Chief Justice on appointments and removals. We think that gets the balance right and that we have achieved the best of both worlds: the contribution of the Lord Chief Justice on the one hand and the need to ensure adherence to best practice in making public appointments on the other. We ensure that appointments and dismissals benefit from both of those attributes, and—it is important to stress this—that the code of practice of the Commission for Public Appointments says that public appointments should be made fully by Ministers. That ensures an accountability to Parliament that could not otherwise be replicated if someone other than a Minister had an effective veto on appointments. I think it will be helpful if at this stage I outline how the Lord Chief Justice is to be consulted. My ministerial colleague, Bridget Prentice, has written to the Lord Chief Justice to consult him on the process we are undertaking for the appointment of the chair of the board. She will write again shortly with respect to other members of the board. The consultation focused on the criteria against which candidates for the position of chair are judged, and the Lord Chief Justice was asked to look at the draft specifications for the chair of the board. He was invited to comment on the process we are undertaking, including the composition of the appointments panel and how we will be carrying out the campaign in line with the OCPA guidance. The Lord Chief Justice was also invited to suggest names of potential candidates the recruitment consultants may wish to contact. I understand he will be discussing that information with the Judicial Executive Board before writing back to my ministerial colleague. The Government have already given an assurance in the other place that it is entirely a matter for the Lord Chief Justice to decide whether he makes public any disagreement with the Lord Chancellor over the appointment of the chair and members of the board. So far as the Government are concerned, that will not only extend the consultation about the person to be appointed but will also embrace the arrangements for the process leading up to it. I thought it would be helpful to describe how the Lord Chief Justice is to be consulted. I hope I have identified that this is a serious consultation where the weight of the Lord Chief Justice’s views will be given the consideration it undoubtedly deserves. Moved, That the House do agree with the Commons in their Amendments Nos. 74 to 77.—(Lord Hunt of Kings Heath.)