My Lords, I shall speak briefly in support of Amendment 1. Subject to the clear statement of the noble Baroness, Lady Noakes, it would be desirable to try to focus much more of this wide-ranging Bill. If that is not done, a provision to make clear that the independence of regulators is not
in any way affected is of vital concern. The regulation of professions should be set by the structure ordained by Parliament—not by the Executive and then left to the regulators. If more precise provisions cannot be incorporated, Amendment 1 would have this vital effect of making clear the independence of the regulators.
In the case of the legal profession, it is convenient at this stage to raise two points about independence. First, the independence of the courts depends on the independence of lawyers, with their ability to challenge the powerful, particularly the Government. This can only be safeguarded by independent regulation within a structure set by Parliament. Given the position of the Executive in relation to the courts and the legal profession, it should not be the Lord Chancellor’s role to be involved in this in any shape or form. It is difficult to see, given the scope of the Legal Services Act, why these wide-ranging powers need to be given to the Lord Chancellor.
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The second point concerns the UK legal services market. As this House knows well, this is very valuable to the UK economy, particularly because of the international work it services, both in the UK and by those qualified as English lawyers in overseas countries. It is often important for people to be qualified as English lawyers, given the prevalence of English law in international agreements and standard form contracts. Thus the position of the legal profession, particularly under the Legal Services Act, gives the regulators wide and extensive powers, leaving them to balance the necessary interest involved, particularly the consideration of reciprocal arrangements. It is important that none of these powers is constrained. Can the Minister clarify why recognition of overseas legal qualifications cannot be left to the regulators without the need for the extensive powers in this Bill? If they are needed, they should be very narrowly confined by primary legislation and not left to these sweeping Henry VIII powers.