Office for the Supervision of Solicitors

Department for Constitutional Affairs – in the House of Commons at 11:30 am on 26 October 2004.

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Photo of Alan Whitehead Alan Whitehead Labour, Southampton, Test 11:30, 26 October 2004

What recent discussions he has held with the Law Society about the office for the supervision of solicitors.

Photo of David Lammy David Lammy Parliamentary Under-Secretary (Department for Constitutional Affairs)

The office for the supervision of solicitors has been replaced by the consumer complaints service, which was launched by the Law Society on 19 April 2004. I am, of course, in frequent communication with the Law Society concerning its progress on improving complaints handling for consumers.

Photo of Alan Whitehead Alan Whitehead Labour, Southampton, Test

I thank my hon. Friend for that answer. Does he consider that the Law Society is still drinking in the last chance saloon so far as supervision of complaints regarding solicitors is concerned, and has he reviewed his potential powers under the Access to Justice Act 1999 on the regulation of such complaints?

Photo of David Lammy David Lammy Parliamentary Under-Secretary (Department for Constitutional Affairs)

We set up the legal services complaints commissioner because we were very concerned about the way in which the Law Society was dealing with complaints. We made it clear at the time that things had to improve by April 2006 and that process continues. However, as my hon. Friend knows, at the same time the Clementi review is looking at the entirety of regulation of our legal services. That review is timely and I look forward to hearing what Sir David Clementi has to say.

Photo of David Kidney David Kidney Labour, Stafford

Is it at all possible that the current system of self-regulation can survive the Clementi report, and what contingency planning is my hon. Friend's Department undertaking to separate regulation of solicitors in the consumer's interest from professional representation and professional disciplinary matters, which the Law Society is capable of dealing with in the longer term?

Photo of David Lammy David Lammy Parliamentary Under-Secretary (Department for Constitutional Affairs)

My hon. Friend's question cuts to the heart of what Sir David Clementi is looking at, and it would be quite wrong of me to pre-empt the outcome of that review; however, it is right that the review examines these issues, and for two reasons. First, we have 22 regulators in this field, and in the 21st century that must by any calculation be too many. Secondly, it is a privilege for our legal profession to be both the representative body—the trade union, as it were—and in charge of regulation. We know that there have been problems with complaints handling, particularly in respect of the Law Society, which is why it is right that we look at these issues afresh and examine whether the current situation is appropriate in the early 21st century.