Mercher, 25 Gorffennaf 1990
The House met at half-past Two o'clock
[MR. SPEAKER in the Chair]
As amended, considered.
Order for consideration of Lords amendment read.
Lords amendments agreed to.
Order for consideration, as amended, read.
Order read for resuming adjourned debate on Question proposed [26 February],
Order for consideration, as amended, read.
Orders for Second Reading read.
Order read for resuming adjourned debate on Question proposed [10 May],
Order for Second Reading read.
Order read for resuming adjourned debate on Question proposed [29 March],
Order for Second Reading read.
Motion made,That the Promoters of the Heathrow Express Railway Bill [Lords] shall have leave to suspend proceedings thereon in order to proceed with the Bill, if they think fit, in the next...
Motion made,That the Promoters of the Killingholme Generating Stations (Ancillary Powers) Bill [Lords] shall have leave to suspend proceedings thereon in order to proceed with the Bill, if they...
Motion made,That the Promoters of the King's Cross Railways Bill shall have leave to suspend proceedings thereon in order to proceed with the Bill, if they think fit, in the next Session of...
Motion made,That the Promoters of the Cardiff Bay Barrage Bill [Lords] shall have leave to suspend proceedings thereon in order to proceed with the Bill, if they think fit, in the next Session of...
Motion made,That the Promoters of the Midland Metro Bill shall have leave to suspend proceedings thereon in order to proceed with the Bill, if they think fit, in the next Session of Parliament,...
To ask the Secretary of State for the Environment if he has made any assessment of spending needs of local authorities for the coming financial year 1991–92; and if he will make a statement.
To ask the Secretary of State for the Environment what steps the Government are taking to encourage uniform standards in the labelling of environmentally friendly goods.
To ask the Secretary of State for the Environment how many representations he has received on chipboard factory emissions; and if he will make a statement.
To ask the Secretary of State for the Environment what proportion of adults owned their own homes in 1979, 1983, 1987 and 1989.
To ask the Secretary of State for the Environment what measures he is considering to accelerate the removal of unused land from the land register.
To ask the Secretary of State for the Environment what figures he has available on the cost to date of his proposals to reorganise the Nature Conservancy Council and for the establishment of new...
Mr. Alan W. Williams: To ask the Secretary of State for the Environment what is the total number of employees of (a) Her Majesty's inspectorate of pollution and (b) the National Rivers Authority.
To ask the Secretary of State for the Environment when he expects to finalise the elements which will determine standard spending assessments for 1991–92.
To ask the Secretary of State for the Environment whether he has any intention of limiting the liability for paying directly towards the cost of local government to heads of households only.
To ask the Secretary of State for the Environment whether he intends to introduce controls on the ownership of second homes.
To ask the Secretary of State for the Environment if he has any proposals to change the joint and several liability rule included in the community charge legislation; and if he will make a statement.
To ask the Secretary of State for the Environment if he has carried out any assessment of the costs to those local authorities which have been charge-capped and have had to issue new community...
To ask the Secretary of State for the Environment if he has received the report on pollution issued by the Institution of Civil Engineers; and if he will make a statement.
(by private notice): To ask the Secretary of State for Transport if he will make a statement following the crash of a British International helicopter in the North sea this morning on its way to...
With permission, Mr. Speaker, I should like to make a statement. In the defence debate last month, I set out the basis on which we have been considering options for change in defence. I would...
With permission, Mr. Speaker, I should like to make a statement about my proposed financial settlement for Scottish local authorities for 1991–92. This is the first year in which the...
I beg to ask leave to move the Adjournment of the House, Under Standing Order, No 20, for the purpose of discussing a specific and important matter that should have urgent consideration, namely,...
On a point of order, Mr. Speaker, of which I have given you and the Secretary of State for Education and Science brief notice. It concerns the rights of Parliament in respect of its duties to...
Miss Emma Nicholson, supported by Mr. William Cash, Mr. Richard Holt, Mr. Steve Norris, Sir Geoffrey Pattie, Mr. Richard Shepherd, Mr. Teddy Taylor, Mr. Bowen Wells, Sir Jim Spicer, Mrs. Ray...
I beg to move, That leave be given to bring in a Bill to require every holder of a justices' on-licence to install on the licensed premises concerned a device enabling persons who have consumed...
Sir Ian Lloyd accordingly presented a Bill to require every holder of a justices' on-licence to install on the licensed premises concerned a device enabling persons who have consumed intoxicating...
On a point of order, Mr. Deputy Speaker. As you may know, I served on the Committee considering the Bill. You may know also that, in the past few weeks, the Government have tabled 30 new clauses...
As amended (in the Standing Committee), considered.
'.—(1) The Lord Chancellor may, with the concurrence of the President of the Family Division, give directions that, in such circumstances as may be specified— (a) any family...
To move the following Clause:—
To move the following Clause:—
'.—(1) If it appears to the Board desirable to do so— (a) in connection with the discharge of any of its functions; and(b) in the interests of customers or potential customers of an...
'.—(1) Subject to section (Exceptions from restrictions on disclosure), restricted information which relates to the business or other affairs of any person shall not be disclosed— (a)...
'.—(1) Section (Restrictions on disclosure of information) shall not prevent the disclosure of information— (a) with a view to the institution, or otherwise for the purposes, of any...
'.—(1) The powers conferred on the Board by this section may be exercised if it appears to the Board to be desirable to do so for the purpose of protecting the interests of the clients, or...
'.—(1) In this section— the intervention powers" means the powers given to the Board by section (Board's powers of intervention); anda direction" means a direction given under that...
'.—(1) Subject to subsection (2), the Council for Licensed Conveyancers shall have the powers necessary to enable it to become— (a) an authorised body for the purposes of granting...
'.—(1) This section applies to any communication made to or by a person who is not a barrister or solicitor at any time when that person is— (a) providing advocacy or litigation...
'.—(1) The following shall be inserted in the Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—
35B.—(1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a woman— (a) in the arrangements which he makes for the purpose of...
26B.—(1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person— (a) in the arrangements which he makes for the purpose of...
'.—(1) Every justice shall have power to administer any oath or take any affidavit which is required for the purposes of an application for a grant of probate or letters of administration...
.—(1) In section 10 of the Arbitration Act 1950 (power of court in certain cases to appoint an arbitrator or umpire), the following shall be substituted for subsection (3)—
' . The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—
'. In section 28 of the Justices of the Peace Act 1979 (general powers and duties of justices' clerks) after subsection (1) there shall be inserted the following subsection—
'.—(1) Section 22 of the Solicitors Act 1974 (unqualified person not to prepare certain instruments) shall be amended as follows.
'.—(1) Section 57 of the Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).
'.—(1) The Law Society shall maintain a register of foreign lawyers for the purposes of this section.
'.—(1) Nothing in this Part shall affect the right of a person who is represented in proceedings in the Supreme Court or the House of Lords under the Legal Aid Act 1988 to select his legal...
'.—(1) In this section "residential property loan" means any loan which— (a) is secured on land in the United Kingdom; and(b) is made to an individual in respect of the acquisition of...
'.—(1) In section (Tying-in arrangements in connection with residential property loans) "controlled services" means any services of a description prescribed by order made by the Secretary...
'.—(l) If any person contravenes section (Tying-in arrangements in connection with residential property loans)(2) or (4) he shall be guilty of an offence.
'.—(1) Every local weights and measures authority ("an authority") and the Director shall have the duty of enforcing Sections (Tying-in arrangements in connection with residential property...
'.—(1) The Lord Chancellor shall establish an Independent Review Body to advise him on the annulment, cancellation or revocation of a conviction applicable to cases currently considered by...
'(1) There shall be a department of state to be known as the Department of Legal Administration answerable through a Minister or Ministers to the House of Commons.
I beg to move amendment No. 12, in page 5, line 36, after 'any' insert 'judge, district judge or'.
Amendments made: No. 13, in page 7, line 16, after 'legal' insert 'or other'.
Amendments made: No. 17, in page 8, line 12, eave out 'lead' and insert 'adduce'.
I beg to move amendment No. 176, in page 9, line 43, leave out from beginning to end of line 3 on page 10.
I beg to move amendment No. 19, in page 12, leave out line 28 and insert 'relates to the non-payment of charges incurred by the debtor after the making of the order or is unconnected with...
I beg to move amendment No. 97, in page 15, line 38, leave out 'those' and insert 'the'.
Amendments made: No. 157, in page 18, line 21, after '(a)', insert 'a person who is or was'.
Amendments made: No. 160, in page 20, line 12, leave out 'any' and insert 'the'.
I beg to move amendment No. 145, in page 22, line 35, leave out paragraph (e) and insert—
Amendments made: No. 25 in page 25, line 2, after 'solicitor)' insert 'section 22 of that Act (unqualified person not to prepare certain documents etc)'.
Amendments made: No. 32. in page 39, line 29, at end insert— '(cc) the Official Solicitor;'.
Amendment made: No. 71, in page 144, line 9, at end insert— '. In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—
I beg to move amendment No. 140, in page 28, line 1, leave out 'and rules of conduct'.
Amendment made: No. 149, in page 30, line 39, leave out 'subject to the provisions of this Part'.—[The Solicitor-General]
Amendment made: No. 150, in page 33, line 15, leave out from 'rules' to 'so' and insert made by the Board and any regulations made under section 38'.—[The Solicitor-General.]
I beg to move amendment No. 29, in page 34. line 29, at end insert—
I beg to move amendment No. 31, in page 35, line 33, leave out 'potential' and insert 'prospective'. This is a technical amendment to ensure consistency throughout the Bill in the nomenclature...
Amendments made: No. 152, in page 38, line 21, leave out 'this Part' and insert 'section 38'.
Amendments made: No. 32, in page 39, line 29, at end insert— '(cc) the Official Solicitor,'.
I beg to move Amendment No. 34, in page 45, line 32, leave out from 'described)' to end of line 33 and insert 'which prohibit barristers from entering into contracts or restrict their right to do...
Amendments made: No. 165, in page 48, line 30, leave out 'or by a designated judge' and insert a designated judge or the Director'.
I beg to move amendment No. 89, in page 50, line 1, leave out 'has a 10 year' and insert 'is a solicitor or barrister of 10 years standing with a'. The purpose of the...
Amendment made: No. 35, in page 52, line 20, at end insert— '(2A) Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section...
I beg to move amendment No. 36, in page 62, line 43, leave out '£3000' and insert '£5000'. The effect of the amendment is to increase the maximum penalty of the solicitors'...
I beg to move amendment No. 167, in page 71, line 42, leave out subsection (6) and insert—
I beg to move amendment No. 90, in page 73, line 9, at end insert— '(1A) In section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), the following subsection...
I beg to move amendment No. 7, in page 73, line 17, leave out clause 92.
Amendments made: No. 37, in page 73, line 35, leave out subsection (1) and insert—
Amendment made: No. 168, in page 76, line 14, at end insert—
I beg to move amendment No. 179, in page 78, line 5, leave out from 'body' to end of line 7 and insert '(other than any body established by this Act), includes any person who is not a member of...
Amendments made: No 104, in page 78, line 45, at end insert— '(2A) Any such regulations or order may contain such incidental, supplemental or transitional provisions or savings as the...
Amendments made: No. 107, in page 79, line 28, at end insert— '( ) section (Discrimination by, or in relation to, advocates);'.—[The Attorney-General.]
12 midnight
Amendment made: No. 109, in page 80, line 23, at end insert— '(3A) The Lord Chancellor may by order make such amendments or repeals in relevant enactments as appear to him to be necessary...
1. In this Schedule— "the Act of 1985" means the Administration of Justice Act 1985;"advocacy licence" means a licence issued under section (The Council for Licensed Conveyancers) and...
2.—(1) For the purpose of exercising the powers conferred by section (The Council for Licensed Conveyancers), the Council may make such qualification regulations and rules of conduct as it...
3.—(1) An application for an advocacy licence, litigation licence or probate licence shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed...
4.—(1) If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that— (a) the applicant has complied with such qualification regulations, rules...
5.—(1) This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence— (a) for the first time;(b) when a licence of the kind applied for...
6.—(1) Where an advocacy, litigation or probate licence is in force with respect to a licensed conveyancer, the Council shall enter details of the licence in the appropriate place in the...
7.—(1) The rules made by the Council under section 20 of the Act of 1985 (rules as to professional practice, conduct and discipline) shall also be made in pursuance of the Council's general...
8. Where a licence issued under Part II of the Act of 1985 ceases to be in force (whether because it is suspended or the licensed conveyancer concerned is disqualified from holding a such a...
9.—(1) Where the Discipline and Appeals Committee have made any order directing that a licensed conveyancer shall be disqualified (either permanently or during a specified period) from...
10.—(1) Where the Discipline and Appeals Committee are satisfied that a relevant licence was issued to any person as a result of any error, or as a result of fraud on the part of that...
11. Section 32 of the Act of 1985 (provision of conveyancing services by recognised bodies) shall have effect as if the references to conveyancing services included references to advocacy,...
12.—(1) Subject to any provision to the contrary made by or under any enactment, the Council may arrange for any of its functions (other than those of making rules, schemes or standing...
13.—(1) Subject to sub-paragraph (2), the powers conferred by Part II of Schedule 5 to the Act of 1985 (intervention in licensed conveyancer's practice) shall also be exercisable...
14.—(1) The Council may take any of the steps mentioned in paragraph 15 ("the steps") with respect to a licensed conveyancer where it appears to it that the professional services provided...
15.—(1) The steps are— (a) determining that the costs to which the licensed conveyancer is entitled in respect of his services ("the costs") are to be limited to such amount as may be...
16.—(1) The amount specified in a direction by virtue of paragraph 15(1)(c) shall not exceed £1,000.
17.—(1) If a licensed conveyancer fails to comply with a direction given under this Part of this Schedule, any person may make a complaint in respect of that failure to the Discipline and...
18.—(1) The Council may, by regulations made with the concurrence of the Lord Chancellor, make provision for the payment, by any client with respect to whom the Council is asked to consider...
19. Where the Council takes any of the steps with respect to a licensed conveyancer it may also direct him to pay to the Council— (a) the amount of the fee repayable by the Council to the...
20. Where the Discipline and Appeals Committee— (a) is considering, or has considered, an application or complaint with respect to a licensed conveyancer; and(b) is of the opinion that the...
21.—(1) Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it— (a) alleging professional misconduct by a licensed...
22. Where a licensed conveyancer— (a) is required by rules made under section 23 of the Act of 1985 to place any sum of money in a separate deposit account; but(b) fails to do so as soon as...
23. In section 15 of the Act of 1985 (issue of licences by Council), the following subsections shall be added at the end—
24. In section 16(1) of the Act of 1985 (cases in which conditions may be attached to licences), the following shall be substituted for paragraph (i)— "(i) after having been committed to...
1. In this Schedule— "the Act of 1974" means the Solicitors Act 1974;"controlled trust" means, in relation to a registered foreign lawyer who is a member of a multi-national partnership, a...
2.—(1) An application for registration or for renewal of registration— (a) shall be made to the Society in such form as the Council may prescribe; and(b) shall be accompanied by such...
3.—(1) Every registration shall have effect from the beginning of the day on which it is entered in the register.
4. Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer— (a) is, or is not, registered; or(b) was registered during a period...
5.—(1) In this paragraph "the intervention powers" means the powers conferred by Part II of Schedule 1 to the Act of 1974 (intervention in solicitors' practices) as modified by this...
6.—(1) Where the Council are satisfied— (a) that a person has suffered or is likely to suffer loss in consequence of dishonesty on the part of a registered foreign lawyer, or of an...
7.—(1) On an application for registration, a foreign lawyer shall pay to the Society a contribution to the Compensation Fund ("the initial contribution") of such amount as the Council may...
8.—(1) Unless the Council are satisfied that it is unnecessary for him to do so, every registered foreign lawyer shall, once in each period of twelve months ending with 31st October,...
9. For the purposes of enabling the Law Society to issue certificates under Part I of the Financial Services Act 1986 (regulation of investment business) to any multi-national partnership or to...
10.—(1) The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.
11.—(1) Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended.
12.—(1) Where a person's registration has been suspended by virtue of paragraph 11, it shall be revived— (a) if his right to practise in the jurisdiction in question is restored;...
13. Where a foreign lawyer's registration is revived (whether as the result of the termination of its suspension, restoration by order of the Tribunal or for any other reason), that revival shall...
14.—(1) Any foreign lawyer may appeal to the Master of the Rolls against— (a) the refusal of the Society to register him or to renew his registration;(b) the refusal of the Society to...
15.—(1) Subject to paragraph 16, section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal) shall apply, with the necessary modifications, in relation to applications and complaints...
16.—(1) For the purposes of section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal), the Tribunal may make rules providing for it to be assisted, in dealing with any application or...
17.—(1) An Appeal from the Tribunal shall lie— (a) in the case of an order on an application under paragraph 15(2)(d) or (e), or the refusal of any such application, to the Master of...
Amendments made: No. 110, in page 81, line 19, leave out 'he has been adjudged backrupt' and insert 'a bankruptcy order has been made against him'.
I beg to move amendment No. 111, in page 86, line 40, at end insert—
In discharging its functions under this Schedule, the Advisory Committee shall have regard to the need for the efficient provision of legal services for persons who face special difficulties in...
Amendments made: No. 170, in page 90, line 22, leave out sub-paragraph (6).
Amendment made: No. 112, in page 96, line 7, leave out 'he has been adjudged bankrupt' and insert 'a bankruptcy order has been made against him'.[The Attorney-General.]
I beg to move amendment No. 52, in page 99, line 43, after 'by' insert ',or inconvenience or distress has been caused to,'. The amendment extends the grounds on which the conveyancing ombudsman...
Amendment made: No. 113, in page 114, line 39, at end insert—
46A. In section 98(4) of the Supreme Court Act 1981 (appointment by certain senior judges of a legally qualified secretary) for the words "barrister or solicitor" there shall be substituted...
.—(1) In section 1(3) of that Act (Crown Prosecutors) for the words "who is a barrister or solicitor" there shall be substituted "who has a general qualification (within the meaning of...
Amendments made: No. 53, in page 133, line 40, at end insert—
3A.—(1) Section 16 of the Children and Young Persons Act 1969 (provisions supplementary to section 15) shall be amended as follows.
5A. After section 21(2) of the Child Care Act 1980 (power of local authority to allow child in care to be under charge and control of parent, etc.) there shall be inserted the following...
16A. Where a child who is a ward of court is in care by virtue of— (a) an order under section 7(2) of the Family Law Reform Act 1969; or(b) an order made in the exercise of the High Court's...
21A. In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation), in the definition of "supervision order" for the words from first "has" to "1969" there shall be substituted "means...
24A. In section 65(1) of the Magistrates' Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.'.
25A. In section 116(2) of the Mental Health Act 1983 (visiting of patients who are children) for paragraph (a) there shall be substituted—
Amendments made: No. 65, in page 140, line 35, at end insert—
.In section 133(2) of the Fair Trading Act 1973 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)— (a) after the words "Electricity Supply"...
. In section 50(1) of the Matrimonial Causes Act 1973 (matrimonial causes rules), for the words from "one registrar of the divorce registry" to "local law society" there shall be substituted "one...
. In section 41(1) of the Restrictive Trade Practices Act 1976 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)— (a) after the words...
.—(1) In section 10(3) of the Estate Agents Act 1979 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)— (a) after the words...
. Section 19 of the Competition Act 1980 (restriction on disclosure of information) shall be amended as follows.
.—(1) In section 102 of the Patents Act 1977 (right of audience etc in proceedings before the comptroller), the following subsection shall be added at the end— (5) Nothing in this...
. In section 16 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for the protection of a party to marriage or a child of the family), in subsection (6)...
.—(1) The Magistrates' Courts Act 1980 shall be amended as follows.
. In section 40(1) of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), for paragraphs (c) to (g) there shall be substituted— "(c) one district judge of the...
Amendments made: No. 73, in page 149, line 15, leave out paragraphs 5 and 6.
.—(1) Sub-paragraph (2) applies in relation to any person who, immediately after the coming into force of section 63, holds any of the offices listed in subsection (1) of that section.
.—(1) The following provisions— (a) section (The Council for Licensed Conveyancers);(b) the repeal by Schedule 18 of section 26(3) of the Administration of Justice Act 1985; and(c)...
.—(1) The Justices of the Peace Act 1979 shall continue to apply in relation to any matter arising before the coming into force of section 89, in connection with the exercise or purported...
Amendment made: No. 76, in page 152, line 51, at end insert— '1969c. 54. The Children and Young Persons Act 1969. In section 16(3), words from "and the justice" to the end.'.
Amendment made: No. 185, in line 13, leave out 'to amend the law relating to the limitation of actions;'.—[The Attorney-General.]
Motion made,That this House agrees with the recommendations contained in the First Report of the Select Committee on Procedure of this Session (House of Commons Paper No. 379).
Motion madeThat with effect from the beginning of the next Session of Parliament Standing Order No. 17 (Questions to Members) and Standing Order No. 18 (Notices of Motions, amendments and...
(1)—Questions shall be taken on Monday, Tuesday, Wednesday and Thursday, after private business has been disposed of.
(l)—Notices of questions shall be given by Members in writing to the Table Office.
Motion made,That Mr. Peter Lilley be discharged from the Committee of Public Accounts and Mr. Francis Maude be added to the Committee.
Motion made, and Question proposed, That this House do now adjourn.—[Mr. Wood.]
Debates in the House of Commons are an opportunity for MPs from all parties to scrutinise government legislation and raise important local, national or topical issues.
And sometimes to shout at each other.
