Government
The law to come
Richard Doughty and Matthew Leydon assess the new government’s legislative plans, and what they might mean for CILEx members.
About the authors
Richard Doughty is the policy and public affairs manager and Matthew Leydon is the policy and research officer at CILEx.
In the end, talks between the Conservative party and the Democratic Unionist party did not substantially delay the announcement of the government’s legislative agenda, contained in the Queen’s speech. Despite Her Majesty opening parliament following another unpredictable electoral outcome - and whether or not this government survives its full term - CILEx is preparing to engage on the wide-ranging legislation set for this parliament.
As expected, the UK’s future outside of the EU and the process of leaving are of top priority for Theresa May and the Conservative party. Delivering Brexit is covered by a number of bills, including the Repeal Bill (ie, the European Union (Withdrawal) Bill), which we hope will provide the clarity needed around the proposed legislative framework surrounding Brexit, and what law is in effect at the point of exit (see pages 33 and 35 of this issue). In particular, we wish to see that information sharing on justice and security measures, and the continued recognition of laws, regulations, and legal practitioners are suitably protected and updated.
In addition to the Immigration Bill, Fisheries Bill, Agriculture Bill, Nuclear Safeguards Bill, and International Sanctions Bill, we expect to see explicit consideration given to legal services in the proposed Customs Bill, as well as the Trade Bill - of importance considering the value to the UK economy, the reputation of the UK as a dispute resolution destination, and the international standing of the system of UK law. Any future recognition of the practice rights of legal professionals and lawyers should correct the current omission of Chartered Legal Executives.
The Prisons and Courts Bill ran out of parliamentary time due to the election. In this parliament, the measures for prison reform are being pursued without legislation; however, we welcome the investment in modernising the courts and tribunals system of England and Wales outlined in the Courts Bill. We hope though that the government proceeds with caution, particularly in regard to proposals to allow people to enter pleas where there may not be sufficient assurances that they have received appropriate guidance or advice. We are working closely with HM Courts and Tribunals Service to ensure that CILEx members have
the opportunity to contribute their expertise to the reform programme (if you have not registered your interest with our specialist reference groups, please do).
Furthermore, as it stands, Chartered Legal Executives are currently prevented from eligibility for senior judicial roles by an unjustified glass ceiling. The Courts Bill presents the ideal opening to extend judicial appointment eligibility to our members, and we are engaging with the Ministry of Justice to push for this.
In a bid to tackle what the government perceives as the problem of high insurance premiums on motor vehicles, it will continue to pursue reforms to personal injury in the Civil Liability Bill, including raising the small claims limit and introducing a tariff for lower value whiplash claims. We are concerned that the manifesto commitment to ban cold-calling has not been carried forward, and we would like the government to publish the rationale and evidence behind its decision to pursue unnecessary reforms to personal injury and, particularly, what caused it to readjust its estimated average insurance premium savings (down from £40 per year to £35 per year).
It is not all bad news though; we welcome provisions in the Automated and Electric Vehicles Bill to ensure that victims of injuries sustained in collisions involving automated vehicles will continue to receive the compensation to which they are entitled.
In addition to the Draft Tenants’ Fees Bill, we welcome the commitment to consult on leasehold reforms to promote transparency and fairness in the market. The Legal Sector Group, which includes CILEx, recently published its proposals for leasehold reform, and we look forward to working with the Department for Communities and Local Government to ensure that the proposals are considered. We will also consult with members of the CILEx Conveyancing specialist reference group on the proposals, and put their views to government.
Previously, we have welcomed the commitment to transfer regulation of claims management companies to the Financial Conduct Authority. The Financial Guidance and Claims Bill will also transfer complaints handling against claims management companies to the Financial Ombudsman Service, which is a logical step that we will keep an eye on to ensure that the Legal Ombudsman’s work is not disrupted. We also hope that the government will acknowledge the efforts of those involved in drafting the Pre-action Protocol for Debt
Claims, due for implementation in October 2017, which will be of relevance to the new single body responsible for public financial guidance.
We welcome the proposal in the Goods Mortgages Bill to require a court order to be obtained before goods are seized in cases where significant repayments have already been made. However, a number of the proposals are of concern for CILEx and our members. We feel that the government’s plan, which would allow for voluntary termination by handing over mortgaged goods, should be considered very carefully in order to avoid consumers being inappropriately pressured to surrender property. Assurances should be sought by lenders to ensure that individuals have received appropriate independent advice before doing so.
We welcome the government’s aims to tackle domestic violence and issues related to it, such as ending direct cross examination of victims by alleged perpetrators in the Courts Bill. We also welcome the government’s focus on the role the justice system will play in tackling this issue by bringing about secure and meaningful prosecutions. We look forward to consulting with members of our Family specialist reference group to see what measures we can propose for specific inclusion in the Draft Domestic Violence and Abuse Bill.
The government’s Draft Patient Safety Bill, while hoping to improve patient safety in the NHS and instil greater public confidence in the provision of healthcare services in England, does provide serious concerns for CILEx.
We are concerned about the loss of the patient voice by potentially sidelining patients’ legal representatives from investigations into malpractice or negligence by the proposed Health Service Safety Investigation Body. Furthermore, the disregard for transparency in the potential prohibition of disclosing investigation information by the new investigation body is of grave concern. Genuine victims of clinical negligence have a right to see the information relevant to their case, and any such prohibition should not constrain or impede claims being pursued.
The government’s proposal to review the UK’s counterterrorism policies follows remarks made by Theresa May over the changing of human rights laws in response to the recent terror attacks in London and Manchester. As a result of these comments, CILEx and a number of other legal profession organisations signed a letter seeking assurances that the protection of human rights should be of paramount importance when conducting this review (see ‘Joint letter on human rights laws’, (2017) July CILExJ p4). We hope that this has been taken into account, along with a guarantee that the public’s right to speak with a legal professional in confidence shall not be hindered.
We welcome the government’s proposal to support victims of bereavement and survivors of disasters by putting measures in place to introduce an independent public advocate, who will act for families and individuals at public inquests. We look forward to being able to provide the government with guidance on aspects of this proposal, such as continuing to allow the right for victims to choose their own legal representatives and to challenge the work of the independent public advocate if necessary.
The government intends to invest an additional £500m a year in technical education, including to deliver the proposals of the Independent Panel on Technical Education. Integral to this are the introduction of ‘T-Levels ’ – qualifications that will form the bedrock of technical learning needed for careers with shared learning objectives. This includes ‘Legal, Finance and Accounting’.
We welcome the government’s continued commitment to expand technical education, and we look forward to our continued work with partners, especially employers, to deliver apprenticeships and technical education in the legal sector.
HOW YOU CAN OFFER YOUR VIEWS
CILEx members are able to join our specialist reference groups. They enable CILEx to seek views based on areas of practice, or from members with particular attributes. Please see the CILEx website for more information on how you can register your interest.