My Lords, when it comes to a topic such as this, I stand slightly in awe of venturing forth among those with such distinguished experience of both law and government. I hope that the Committee will forgive me if some of my questions are a little simplistic as a result. I understand that the provisions of this legislation will apply to anyone operating as a partnership in Scotland, whether it is described simply as a partnership or as a limited partnership. It is slightly daunting to realise that one is reviewing laws that may be affecting, among others, considerable numbers of the Scottish legal profession who perhaps still operate as partners or limited partnerships.
I speak as one whose forebears have had some considerable fall-outs with the legal profession, although there is nothing outstanding at the moment. I hope only that the attention of the Committee will ensure that this will be legislation at its best; whatever the outcome, I am sure that the legal profession will know how to look after itself.
I have a number of questions to put to the Minister, and from his answers I will know whether there is anything that requires being taken further. An issue raised with me by the Law Society of Scotland, which the Minister has already mentioned, arises from Clause 2(2), which states that a former partner of a dissolved partnership cannot be prosecuted where the partnership has already been prosecuted and acquitted. The question, if it is ever likely to occur, is whether it would be wise to introduce a balancing clause whereby a partnership cannot be tried where one of the partners has already been tried and acquitted on the same or related grounds.
The other question over Clause 1 arises because it says that no prosecution of a partnership can occur more than five years after its dissolution, but when we come to Clause 2 the same time limit on the prosecution of former partners is not quite as clear. Perhaps the noble and learned Lord can say whether it would be taken in law that the former condition could be read over into this clause. Would it not be better to have it clearly stated so that those reading the Bill know exactly where the limit lies?
For the sake of general clarity, for me and the Committee, it might be of use if the Minister can say what is likely to happen to the liability of a partner who dies while serving in a partnership within the five years preceding the dissolution. Is this liability likely to hang over and affect the settlement of the person’s estate? For that matter, is it really necessary that any such liability should continue against a partner who has already been dead for such a period of time? Would a shorter period of liability not be more appropriate?
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