Order, order!

Legal Titles Deprivation Bill

A

BILL

TO

abolish the office of Queen’s Counsel.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows—

Section 1 - Restriction on new appointments

(1) Neither the Lord Chancellor nor any Minister of the Crown may recommend the appointment of an individual to be Queen’s Counsel to Her Majesty.

(2) Her Majesty may not exercise the Royal prerogative to establish any like office to Queen’s Counsel.

(3) For the avoidance of doubt, subsection (1) applies even if an individual is nominated by any selection panel, independent or otherwise.

(4) Subsection (2) does not limit the Royal prerogative to issue Letters Patent insofar that they do not solely bestow individual privileges within the Bar, the Society, and the legal services sector.

Section 2 - Deprivation of existing titles

(1) All privileges and all rights associated with any individual’s possession of the office of Queen’s Counsel, even under any Letters Patent, shall cease and determine.

(2) This section applies to Letters Patent issued honoris causa.

Section 3 - Interpretation

In this Act,—

"Bar" means the General Council of the Bar

"legal services" has the same meaning as legal activities, defined in the Legal Services Act 2007

“Queen’s Counsel” means the office bestowed through Letters Patent whereby an individual is recognised as Her Majesty’s Counsel learned in the law.

"Society" means The Law Society

Section 4 - Extent, commencement, and short title

(1) This Act extends to England and Wales.

(2) This Act comes into force three months after the day it receives Royal Assent.

(3) This Act may be cited as the Legal Titles Deprivation Act 2019.

This Bill was written and submitted by /u/marsouins on behalf of the Liberal Democrats.

This reading shall end on the 12th November 2019.

Opening Speech

Mr Speaker,

This bill will go a long way towards making our legal services sector more fair and less elitist.

In essence, it abolishes the office of Queen's Counsel and ensures that no future appointments may be made. It is a reform that has been a long time in the making ever since the Blair Government took it up only to backpedal after heavy lobbying by the legal profession.

QCs are not meritocratic but they do tend to benefit people who have been in the field for a long time. In many cases, especially when it comes to politicians, the office of Queen's Council is a Royal participation medal rather than a genuine mark of continuing quality. Consumers are misled by the title and silks end up earning more than their peers simply for possessing letters, a clear distortion of market competition. It is to the point that QCs have come under scrutiny by our main anti-trust body.

Instead of succeeding based on the services they provide, silks tend to earn more just because of the subjective determination of a panel. This panel, let us not forget, likes rewarding incumbents who have simply been in the industry for 15 years or more. Let us also remember that solicitors, ethnic minorities, and women are underrepresented as well. There is no doubt that the office serves to divide and exclude needlessly when it's just a select few barristers getting the bulk of the honours.

It is time that this office is abolished. If this House takes up this cause, it will bring about a fairer legal services environment in England and Wales.