Solicitors found much to celebrate in last week's Queen's speech, in particular the long-awaited announcement of a limited liability partnerships Bill.
But other proposed legislation was strongly deprecated by lawyers, the most controversial being a criminal justice Bill that would remove the right to trial by jury for defendants charged with either-way offences.Within 24 hours of the speech, which proposed 28 separate measures, ten Bills were tabled in Parliament, five in the House of Commons and five in the House of Lords.
They included, in the Lords, the Criminal Justice (Mode of Trial) Bill and in the Commons, the Electronic Communications Bill and the Freedom of Information Bill.The Law Society welcomed without reservation plans to legislate for limited liability partnerships.
Vice-President Kamlesh Bahl said they were a 'good thing' for solicitors and clients.
They would 'ensure greater flexibility in the way law firms finance themselves and allow them to compete more effectively in the international legal services market', she said.
Other Department of Trade and Industry Bills included those on insolvency and regulatory reform.
A Financial Services and Markets Bill - which would allow the Law Society to continue to regulate solicitors who do a limited amount of financial business but hand the regulation of those carrying out mainstream investment work to the Financial Services Authority - was carried over from the last parliamentary session.
A Trustee Bill would modernise the powers and duties of trustees.In a surprise move, the government dropped all mention in its e-commerce Bill of measures to give law enforcement authorities powers to gain access to encrypted material.
Instead, under the aegis of the Home Office, a separate Regulation of Investigatory Powers Bill would cover the regulation of 'the interception of communications and the use of other intrusive techniques'.Almost one-third of the Queen's speech was devoted to Home Office Bills.
As well as the mode of trial Bill, there will be a Bill to extend the use of mandatory drug testing, reform the probation services and create a new children and family court advisory service.
Another Bill would replace the temporary prevention of terrorism legislation with permanent measures, and create a new definition of domestic terrorism which would cover offences by animal welfare activists.A new Sexual Offences Amendment Bill would lower the age of consent for homosexuals and make it an offence for teachers or care workers to have sex with people under 18 in their care.
The Race Relations Act 1976 would be extended to police and other public sector workers.Department of Social Security legislation flagged in the speech included a Welfare Reform Bill that would simplify the current child support system.
It would also allow cuts in benefits for criminals who fail to carry out court-ordered community sentences.
The Law Society has argued that existing deterrents are sufficient.
Other Bills would change the benefit system for youngsters leaving care and set national standards for private hospitals and clinics.Some Bills were notably absent from the speech.
In particular, there will be no mental incapacity Bill this Parliament.
Michael Napier, the Law Society's Deputy Vice-President, said this omission was 'extremely disappointing'.Also, there will be no legislation to reform conveyancing and introduce the seller's pack, although a draft Bill will propose reform of the leasehold system and introduce a commonhold tenure for flat owners.KEY BILLS FOR SOLICITORS-- Limited Liability Partnerships - to create a new form of legal entity enabling firms to incorporate with limited liability while remaining partnerships, subject to provisions to ensure greater public scrutiny.-- Criminal Justice (Mode of Trial) - to give courts powers to decide whether certain defendants should be tried by magistrates or by jury, subject to considering the effect of conviction on their reputations; and to introduce a right of appeal to the Crown Court against the magistrates' decision to try the case themselves.-- Electronic Communications - to give electronic signatures legal recognition and statutory backing for self-regulation to ensure quality and service standards in e-commerce.-- Freedom of Information - to create a statutory right to information held by public authorities, subject to conditions and exemptions, such as national security, commercial confidentiality and international relations; to establish an information commissioner and tribunal.-- Financial Services & Markets - to modernise the regulatory framework of the financial services industry.
The Bill was introduced in June 1999.
Under new 'carry over' procedure, it will resume at committee stage in the House of Commons and is expected to receive Royal Assent by Easter 2000.-- Crime and Probation - to replace the 54 probation services with a unified service split into areas matching police areas and give probation officers enhanced powers; to extend mandatory drug testing for offenders who repeatedly commit theft; to create a children and family court advisory service responsible for promoting the welfare of children before the courts; to create a system to prevent previous offenders against children from working with children.-- Regulatory Reform - to allow more primary legislation to be amended by secondary legislation, currently restrained by the Deregulation and Contracting Out Act 1994.-- Insolvency - to introduce a moratorium for small companies in financial trouble; to help them strike deals with creditors; and to enable disqualification of company directors administratively, instead of through the courts.-- Welfare Reform - to introduce penalties for parents who do not compl y with the Child Support Agency's maintenance payments regime; to simplify the payments formula; to cut benefit for claimants who fail to comply with community sentences; to introduce a second state pension and reform the state earnings related pension.-- Local Government - to give local authorities a new power to promote the wellbeing of communities; to allow them to establish partnerships to provide community services; to allow new political management structures, subject to local referendums; to establish a new ethical framework for local government.-- Armed Forces Discipline - to bring the armed services' legal system in line with the European Convention on Human Rights, including bringing under judicial control decisions concerning detention pending charge and trial; to introduce a right of appeal in cases that have been dealt with summarily.-- Crown Prosecution Service Inspectorate - to place on an independent statutory footing the existing Crown Prosecution Service inspectorate similar to those which oversee the Prison Service and Probation Service.-- There were 16 other Bills announced in the Queen's speech.
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