Consumer groups strongly support a single umbrella authority for the direct oversight of the legal professions, Sir David Clementi told senior members of the UK's governing bodies at the IBA conference.

Without committing himself to a view in advance of his report, Sir David said that while the legal professions clearly supported the proposed model B+ for reform of the regulatory structure - which would leave an element of self-regulation - consumer groups were firmly in favour of a more Draconian model.


'Most consumer groups would prefer model A,' said Sir David, 'and that is one indicator of their view of the current ability of the professional bodies to regulate well.'


Sir David added that regardless of which model he would recommend, he was 'leaning in favour of a regulatory board and not a single-person regulator. Lay representation is an issue. I am likely to propose that there should be consumer group input to any proposed board'.


Sir David reiterated his position that his report would not recommend the status quo for regulation.


'The current regulatory framework is inconsistent in addition to being inflexible, overly complex and insufficiently accountable or transparent. And it has a limited ability to adapt rapidly to the changing professional landscape.'


Clementi: rejects status quo
Nonetheless, Bar Council chairman Stephen Irwin QC warned Sir David about tampering with the existing structure.


'If you lose self-regulation, then you lose the heart of being a professional,' he said, predicting 'you won't achieve consumer confidence by splitting the regulatory and representational functions of the professional bodies. In the medical field, both the General Medical Council and the British Medical Association are viewed by the public as being captive of the doctors' profession'.


International bar leaders reacted cautiously to Sir David's comments. Malcolm Wallis from South Africa and Sam Okudzeto from Ghana both pointed out that the Clementi report and its recommendations will have significant ramifications for Commonwealth jurisdictions - especially those in developing countries. They expressed concern that authoritarian governments might view any move away from self-regulation as a licence for them to tamper with their own legal professions.


However, Martin Solc from the Czech Republic was damning of the past performance of the legal profession's governing bodies around Europe.


'The case for continued self-regulation has not been sufficiently well explained. And if the professional bodies continue to fail in that task, then perhaps matters should be taken out of their hands and put in the hands of state-appointed bodies.'


Sir David responded by saying that he was considering 'issuing a health warning' with his report to the effect that it is intended for England and Wales only.