Westminster update: lord chancellor celebrates 200 years of the Law Society
New approach to TA6 forms
Our vice president Mark Evans said: “We have learnt a lot through the consultation process, about both the TA6 form and the wider member concerns about the complexities of the conveyancing market."
Lord chancellor and parliamentarians celebrate 200 years of the Law Society
The lord chancellor, ministers, MPs, peers and members of the solicitor profession came together to celebrate our bicentenary in a reception in parliament on Wednesday 19 March.
The event was hosted on our behalf by Labour MP and chair of the Justice Select Committee Andy Slaughter.
The lord chancellor, Shabana Mahmood, give a keynote address highlighting the rich history of the Law Society and praising its work to support the profession, uphold the rule of law and promote access to justice
Mahmood thanked the Law Society for its work in holding governments of all stripes to account, noting that “everything I do as lord chancellor will be stronger for having full and frank discussions with you”.
She outlined the recent steps she had taken since coming into office to put the justice system on a sustainable footing, remarking that she had welcomed and encouraged our “constructive challenge” throughout.
She also told the assembled audience that, through its history, the Law Society has “laid the foundations on which our modern economy is built”.
In his opening remarks, Andy Slaughter too praised the work done by the Law Society to raise awareness of the issues facing the justice system.
Our president, Richard Atkinson used his speech to:
- call on attendees to reaffirm their dedication to the rule of law
- praise the progress the profession has made throughout its long history
- put a spotlight on the important role that solicitors have played and continue to play in our society
Throughout the rest of the year we will be holding events across the country and beyond to celebrate the bicentenary and the role solicitors play in our communities.
Master of the rolls: slow digitisation progress a "terrible shame"
He updated MPs on:
- efforts to digitise civil justice
- mandatory mediation
- the role of AI in our justice system
Vos was asked by MPs to respond to evidence the committee had heard from a practitioner about the impact of cuts, court closures and the evisceration of legal aid.
The master of the rolls said he did recognise parts of this picture but felt the courts are improving and those criticising the County Court needed to consider the significant impact the pandemic had on the justice system.
He felt most County Courts offer a “reasonably good service”, but admitted that the fact that so many systems in the County Court are still paper based is a “terrible shame”, which he blamed in part on the large variety of cases and the challenges in digitising everything.
Vos expressed the view that mandatory mediation should be used in certain cases, highlighting an example of a High Court case which was settled through mediation despite both parties being opposed.
Vos did note that in areas like family law it may not be suitable but argued that, when it comes to small claims, mandatory mediation and alternative dispute resolution can be in the interests of justice.
Finally, turning to the use of AI in the County Court, the master of the rolls highlighted examples of lawyers successfully using AI tools to support their work, comparing it to a human using a hoover instead of a broom.
Vos felt that, provided a human is checking the output, AI can be very useful in the courts.
We received a passing mention from the committee chair, Andy Slaughter, who highlighted the Law Society’s 200th anniversary while asking about the professions’ support for this vision of dispute resolution.
Lords debate the European Convention on Human Rights
Lord Alton of Liverpool (Crossbench) thanked the Law Society and other organisations for their help in informing a debate in the House of Lords on the 75th anniversary of the European Convention on Human Rights (ECHR) on Thursday 20 March.
Lord Alton highlighted the UK’s role in founding and shaping the convention.
He also addressed attempts to discount the value of the convention by noting that “by population, the UK has the lowest number of applications of all member states: three per million people, while for all states combined it was 47.4 per million. Of course, the reason there are so few UK cases is that we broadly obey the ECHR.”
Lord Lilley (Conservative) expressed concerns about the European Court of Human Rights’ expansive interpretation of the convention, arguing that it sometimes oversteps the original intentions of its drafters.
He suggested that the court’s approach has led to numerous judgments against the UK on issues of immigration and prisoner voting rights, which he viewed as problematic.
Lord Thomas of Gresford (Liberal Democrat) hit back against this argument, describing the ECHR as a dynamic and living convention that has adapted to modern challenges.
He highlighted the declining number of cases against the UK as evidence of the convention’s success in being incorporated into UK law.
Lord Faulks (Conservative) expressed scepticism about the Human Rights Act (HRA) and its interplay with the ECHR, suggesting that the act should be repealed.
He advocated for these powers being vested in UK courts and parliament as he believes they are best suited to protecting human rights.
Lord Neuberger of Abbotsbury, the former president of the Supreme Court made a rare but much-anticipated contribution in the House of Lords.
He defended the HRA, emphasising its role in incorporating convention rights into UK law and protecting individual freedoms.
He argued that the ECHR has been a civilising force in an increasingly unstable world.
Coming up:
We are working closely with MPs and peers to influence a number of bills before Parliament:
- Border Security, Asylum and Immigration Bill will continue its committee stage in the Commons which began on 4 March
- Children's Wellbeing and Schools Bill will have its second reading in the Lords, date to be confirmed
- Crime and Policing Bill will begin committee stage on 27 March
- Data (Access and Use) Bill will have its report stage in the Commons, date to be confirmed
- Employment Rights Bill will have its second reading in the Lords on 27 March
- Mental Health Bill will have its report stage in the Lords on 31 March
- Planning and Infrastructure Bill will have its second reading in the Commons on 24 March
- Renters Rights Bill will have its committee stage in the Lords, date to be confirmed
- Terminally Ill Adults (End of Life) Bill began its committee stage in the Commons on 28 January
If you made it this far:
The government has launched an open consultation relating to the Equality (Race and Disability) Bill.
This consultation will seek views specifically on introducing mandatory ethnicity and disability pay gap reporting for large employers.