The statutory duties of the Legal Services Consultative Panel (“the Panel”) are set out at section 18A(3) of the Courts and Legal Services Act 1990 as amended by section 35 of the Access to Justice Act 1999 ('the Act'). The Act provides that the Panel shall have:
(a) The duty of assisting in the maintenance and development of standards in the education, training and conduct of persons offering legal services by considering relevant issues in accordance with a programme of work approved by the Lord Chancellor and, where the Consultative Panel considers it appropriate to do so, making recommendations to him;
(b) The duty of providing to the Lord Chancellor, at his request, advice about particular matters relating to any aspect of the provision of legal services (including the education, training and conduct of persons offering legal services); and
(c) The functions conferred or imposed on it by other provisions of this Act or any other enactment.
The Panel succeeded the Lord Chancellor's Advisory Committee on Legal Education and Conduct. 2003 is the fourth year of the Panel's operations.
In order to expedite its business the Panel intends to retain its current method of working through standing and ad hoc working parties reporting to the Panel for approval. Each Working Party has its own list of concerns from amongst which one or two subjects are, with the agreement of the Panel as a whole, accorded priority.
The Panel will process referrals from the Lord Chancellor, according them priority in the work of the Panel within the limitations imposed by the resources made available. The Panel will consider a referral relating to the General Council of the Bar's application for the approval of new rules providing for direct access to barristers. The Lord Chancellor has also indicated the likelihood of a referral concerning the Law Society's Review of its Code of Professional Conduct.
As members of the Lord Chancellor's Standing Conference on Legal Education individual Panel members will continue to keep informed of developments in legal education and discuss these with representatives from the professional bodies and providers of legal education.
The Panel has established working arrangements with the LCD Research Secretariat to ensure the Panel is kept informed both of the research process within the LCD and of research relevant to the Panel's work. The Panel will refer its own requests and recommendations for research projects, as appropriate.
Members of the Panel are available, so far as time permits to offer informal advice to officials of the Lord Chancellor's Department on an ad hoc basis in respect of matters concerning the education, training and conduct of persons offering legal services upon which such officials may seek the Panel's guidance.
The Panel will continue to inform itself as to issues arising from the OFT's (Office of Fair Trading) on-going review of competition in professional services.
The Lord Chancellor has announced the decision to undertake a review of the regulatory framework for legal services. The Chairman and members welcome LCD's agreement to keep the Panel informed of the progress of the review.
In addition in the coming year, the Panel intends to continue its work as follows:
The Panel will seek to maintain an effective working relationship with the Legal Services Commission (LSC). In particular, it will continue to:
Discuss initiatives to encourage the training, development, recruitment and retention of lawyers and legal advisers in the publicly funded sector, in particular as publicly funded work is an important contribution to the statutory objectives of the Access to Justice Act 1999 and the Courts and Legal Services Act 1990, including the initiatives of the LSC to support new entrants to the legal professions through sponsored training contracts and other initiatives linked to increasing the LSC supplier base.
The Panel will:
Continue to concern itself with the maintenance and development of standards in the education, training and conduct of persons offering legal services, including those who are not members of authorised bodies and non-UK lawyers.
Keep under review issues of social inclusion as they impact upon access to the variety of legal professions.
The Panel will continue to review and comment, as may appear appropriate, on the Quality Assurance Agency's (QAA) framework for quality assurance as it applies to legal education. In particular, members have noted and will keep under review the Law Society and the Bar's joint consultation paper on quality assurance arrangements for qualifying law degrees.
Consider and comment as may appear appropriate on the Law Society's on-going legal education and training review.
The Panel will:
Inform itself as to developments in the Criminal Defence Service and the progress of the Public Defender Service.
The Panel comprises:
| Lord Justice Potter (Chairman) Professor John Bell Professor Hugh Brayne Lady Elizabeth Finsberg Miss Karen Mackay |
Mr Ian McNeil Mr Richard Moorhead Mr Charles Plant Mr John Randall QC Mr Simon Sapper |
Mr Alan Street Ms Peta Sweet Dr Matthew Weait |