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In discussion, the following were the main points raised:
NFIDENTIAL
a. Paragraph 2.4 of the draft White Paper not only risked weakening the impact of the decision to give the Law Society the immediate power to confer rights of advocacy, but was unnecessary. The objectives in paragraph 2.2 were already sufficient to make the Government's intentions clear and would be put in the statute. Moreover, the Heads of Division would be bound to take account of the Advisory mmittee's advice and would be subject to judicial review they did not. Adding the statement in paragraph 2.4
b.
ould reduce the judges' discretion and might reopen the
gument with them.
last
On the other hand, paragraph 2.4, and especially its nce, was necessary to ensure that intentions stated in rinciple were not frustrated in practice. It was not su
to rely on the objectives in paragraph 2.3 since sale ld argue that they could be met by no or minimal charge from the present system. The statement in paragraph
also crucially important to the presentation
the Government's proposals, and in
particular to rebuting the likely criticism that they represented a sue to a powerful pressure group.
C.
There was a
FIDENT T
hat the Advisory Committee and the kg or approving proposals, would The imposition of a timetable
judges, by delay in slow down the pace of on them should be conside
d. Paragraph 5.15
of
requirement on the new auth their financial benefits
hite Paper would place a practitioners to disclose onveyancing and linked
services. It was not clear the requirement need go as far as that. In its present form, it went beyond the requirements in the general legislation on financial services and if it were retained would lead to pressure for that legislation to make similar provis The intention was however that practitioners shoul rather than profit, and paragraph 5.15 make this clearer.
diclose commission redrafted to
த
that the
ject to White
ject
THE PRIME MINISTER, summing up the discussion Cabinet endorsed the Lord Chancellor's proposal three points. First, as to paragraph 2.4 of the aa Paper, they believed that it was right to put on the face of the statute a clear statement of the intention to extend audience. The Lord Chancellor should, however, in consulton with the Chancellor of the Exchequer and, as necessar other Ministers concerned, reconsider the drafting of paragraph in the light of the points made in discussion.
of
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