Clause
215
Short
title
Bridget
Prentice:
I beg to move amendment No. 29, in
clause 215, page 120, line 37, leave
out subsection
(2).
The amendment
removes the privilege provision included in the other
place.
Amendment
agreed to.
Clause
215
, as
amended, ordered to stand part of the
Bill.
Schedule
21
Minor
and Consequential
amendments
Amendments
made: No. 103, in
schedule 21, page 337, line 10, leave
out paragraph (a) and
insert—
‘( ) in subsection
(1), after “to” (in the first place) insert
“—
(a)
”,
( ) at the end of
that subsection insert “,
and
(b) documents, material or
information relating to any matter mentioned in paragraph (a).”,
and
( ) for subsection (2)
substitute—
“(2)
Where a patent attorney acts for a client in relation to a matter
mentioned in subsection (1), any communication, document, material or
information to which this section applies is privileged from disclosure
in like manner as if the patent attorney had at all material times been
acting as the client’s
solicitor.”,’.
No.
104, in
schedule 21, page 337, line 14, at
end insert ‘, and
( ) omit
subsection
(4).’
No.
105, in
schedule 21, page 343, line 30, leave
out paragraph (a) and
insert—
‘( ) in subsection
(1), after “to” (in the first place) insert
“—
(a)
”,
( ) at the end of
that subsection insert “,
and
(b) documents, material or
information relating to any matter mentioned in paragraph (a).”,
and
( ) for subsection (2)
substitute—
“(2)
Where a trade mark attorney acts for a client in relation to a matter
mentioned in subsection (1), any communication, document, material or
information to which this section applies is privileged from disclosure
in like manner as if the trade mark attorney had at all material times
been acting as the client’s
solicitor.”’.—[Bridget
Prentice.]
Bridget
Prentice:
I beg to move amendment No. 326, in
schedule 21, page 344, line 14, at
end
insert—
‘Police
Act 1996 (c. 16)
In section
84 of the Police Act 1996 (representation at disciplinary and other
proceedings), in subsection (2) for “either by counsel or by a
solicitor” substitute “by a person who, for the purposes
of the Legal Services Act 2007, is an authorised person
in relation to an activity which constitutes the exercise of a right of
audience (within the meaning of that
Act)”.’ This
is the final amendment. It is a minor and consequential amendment,
which updates the Police Act 1996 so that it is consistent with the
framework set out in the Bill. At the moment, members of the police
force may be represented by counsel or a solicitor in disciplinary
proceedings. Under the Bill, persons other than counsel or solicitors
may have the same rights in respect of reserved legal activities. The
amendment therefore sets out that representatives will be defined by
their authorisation in respect of reserved legal activities—in
this case, rights of audience—instead of by any professional or
other title.
Amendment agreed
to.
Schedule
21, as amended,
agreed to.
Schedule 22 agreed
to.
Schedule
23
Repeals
Amendments
made: No. 106, in
schedule 23, page 362, line 39, column
2, at end
insert—
|
‘In
section 48(2)(b) “in the London
Gazette”.’.
|
No.
107, in
schedule 23, page 367, line 30, column
2, leave out from beginning to end of line 31 and
insert—
|
‘In
section
280—
|
|
(a)
in subsection (3) “or” at the end of paragraph (b),
and
|
|
(b)
subsection
(4).’.
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—[Bridget
Prentice.]
Schedule
23, as amended,
agreed to.
Schedule
24
Index
of defined
expressions
Amendments
made: No. 202, in
schedule 24, page 371, line 14, at
end
insert—
|
‘independent
trade
union
|
section
208’.
|
No.
203, in
schedule 24, page 371, line 14, at
end
insert—
|
‘indirect
interest (of a non-authorised person in a licensable
body)
|
section
72’.
|
No.
204, in
schedule 24, page 371, line 15, column
1, leave out ‘in
shares’.
No.
205, in schedule 24, page 373, leave
out line 2.—[Bridget
Prentice.]
Schedule
24, as amended,
agreed
to.
New Clause
3
Professional
representations
‘Section 10
shall apply mutatis mutandis to representations by approved regulators
whether in their regulatory or representive
capacity.’.—[Mr.
Bellingham.]
Brought
up, and read the First time.
Question put, That the
clause be read a Second
time:—
The
Committee divided: Ayes 5, Noes
9.
Division
No.
29
]
Foster,
Mr. Michael
(Worcester)
Question
accordingly negatived.
Written
evidence
Ordered,
That certain written evidence already reported to the House be appended
to the proceedings of the Committee.—[Bridget
Prentice.]
Bridget
Prentice:
On a point of order, Sir Nicholas. It is a
pleasure to make the final statement in Committee. I shall shortly be
thanking the huge variety of people who have so greatly contributed in
bringing the Bill to Committee and in improving it in the course of the
Committee debates.
First, however, let me state my
belief that, when the Bill receives Royal Assent—as I am sure
that it will—it will be among the most significant statutes
produced by any Government in improving legislation for consumers. I do
not say that lightly—I am convinced that it is the
case—and I am particularly pleased and proud to have been
involved in making it happen. No matter what happens later this week, I
know that through the passage of the Bill I have at least played a part
in making consumers’ lives a great deal
better.
I
thank the Bill team, which, not surprisingly—given that the Bill
has 215 clauses and 24 schedules—is quite large. They have been
magnificent in providing advice and amendments, and in giving advice
and support to the Opposition, when they have asked for it, in
clarifying issues. I am grateful to Nigel Reeder and his team for the
work that they have done. I am also grateful to the Clerks to the
Committee, who have been extremely helpful, always courteous and always
ready to offer excellent advice. The new system of
explanatory
memorandums at the end of amendments has been a marvellous improvement,
for which we have been the pilot, and I hope that it will be adopted
elsewhere. I thank
colleagues on both sides of the House for their courteous, humorous and
always gracious conduct in the debate. I am particularly grateful for
the contributions of my hon. Friends. I feel as if I now know virtually
everybody who lives in Bassetlaw, and I certainly think that people in
North Durham visit their solicitors far too often.
Nevertheless, those contributions were important and focused us on some
critical issues. I am grateful also to the Opposition for the way in
which they have conducted
themselves.
I
thank my Parliamentary Private Secretary, and those who have at
intervals acted as PPS, for making sure that I have all the relevant
information, and my hon. Friend the Whip for glaring at us when we went
on too long. I thank all the organisations that have been involved on
both sides—the consumer side and the legal profession.
Particular thanks also go to you, Sir Nicholas, and to your colleague,
Frank Cook, for your wonderful supervision of our proceedings and for
the charming way in which you have kept us in line. That has ensured
that the Bill is better than when we began.
Mr.
Bellingham:
Further to that point of order, Sir Nicholas.
There is not time to go into detail but, on behalf of the official
Opposition, I endorse everything that the Minister has
said.
Simon
Hughes:
Likewise, I offer my thanks to
you, Sir Nicholas, to Mr. Cook and to the Clerks who have
done a sterling job. Above all, I pay tribute to the Minister who has
single-handedly led for the Government in Committee and who deserves
our thanks. The Committee has been happy and
successful.
10
pm
The
Chairman:
I congratulate the whole Committee. From my
point of view, it has been a very agreeable and constructive Committee.
I congratulate the Front-Bench spokesmen, and I particularly
congratulate the Minister on handling a Bill entirely on her own,
although no doubt with good back-up from the civil service. I thank my
Clerk, the Doorkeepers, the police and the Hansard writers. If
every Committee ran as smoothly, this place would perhaps run more
smoothly as a whole. Thank you all for your complimentary remarks, and
I shall pass on your thanks to Mr.
Cook.
Bill, as
amended, to be
reported.
Committee
rose at one minute past Ten
o’clock
.
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