Lords Debate: Conservative peer warns government that it faces defeat over powers


The government last week gave the first sign that it may back down over one of the key criticisms of the Legal Services Bill - the ability of the Lord Chancellor alone to appoint the head and members of the proposed oversight regulator, the legal services board.



On the first day of the Bill's committee stage in the House of Lords, Department for Constitutional Affairs minister Baroness Ashton rejected amendments calling for appointments to be made either on the advice of the Judicial Appointments Commission, or with the concurrence of the Lord Chief Justice - moves aimed at ensuring the board's independence.



However, she said: 'I am not closing the door on the question of independence and ensuring that there are ways that we can look carefully at that'. The amendments were not pursued to a vote, but Lord Kingsland, the Conservatives' shadow Lord Chancellor, warned: 'Unless the government plays a different tune when this comes back [at report stage], this House will vote and will defeat [it].'



There was also movement on guaranteeing the LSB's 'light-touch' approach to regulation and that it will not interfere in the day-to-day work of frontline regulators like the Law Society and Bar Council. Though Baroness Ashton rejected an amendment that the board must act 'in partnership with the approved regulators', on the basis that it was not clear what this meant, she said 'in principle I have no objection to this at all'. She indicated, however, that she would prefer the intention to be clearly stated during the debate, rather than on the face of the Bill.



The minister has also agreed to consider further how best to ensure the Bill requires the LSB to protect and promote the public interest.



The second day of the committee stage is 22 January.



Neil Rose