Clause 31
Legal Services Bill [Lords]
4:45 pm
Bridget Prentice (Parliamentary Under-Secretary, Ministry of Justice; Lewisham East, Labour)
On amendment No. 279, I very much agree with my hon. Friend the Member for Bassetlaw: the board must be able to investigate approved regulators’ performance of their regulatory functions before setting targets. It would not be properly carrying out its oversight function if it did not do that. We have drafted the Bill so that it provides for the board to conduct an appropriate level of investigation of the discharge of the functions of the regulators—and not just in clause 31. My hon. Friend knows that I do not approve of the phrase “light touch”, so he tempts me down the wrong path when he uses it and other such phrases.
Let me give further examples of ways in which the board has powers. Under clause 7, it may do
“anything calculated to facilitate, or incidental or conducive to the carrying out of any of its functions.”
and it also has the power to obtain information and documents from approved regulators under clause 55. Across the Bill as a whole, we have given the boardthe appropriate tools with which to examine the effectiveness of approved regulators in exercising their regulatory functions. I anticipate that in most circumstances the board will be able to take appropriate, proportionate action, and will try to set appropriate targets through dialogue with the approved regulators. However, if a situation should arise in which that cannot or does not happen, it will be open to the board to require relevant information more formally, as under clause 55. That power is enforceable through the High Court.
I would be a wee bit concerned about inserting another power for the board to investigate in case that should muddy the waters. Given that it is already able to require information to aid its regulatory decisions,a more explicit power to investigate might need tobe supplemented by powers of search and seizure. Without there being a proper procedure in place to govern such use, that could be seen as disproportionate.
Given the ability of the board to carry out an appropriate level of investigation, and the desire of all of us to avoid disproportionate action, I would ask my hon. Friend to withdraw his amendment. Across the Bill as a whole, the board has sufficient powers to carry out the functions that he so much wants it to have.