LB276 - King’s Counsel Restoration Act 2023 - Final Division

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repeal the Legal Titles Deprivation Act 2020 and reinstate the status of King’s Counsel with provisions for rejection, along with the revival of certain prerogative powers.

BE IT ENACTED by the King'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 - Repeal of the Legal Titles Deprivation Act 2020

(1) The Legal Titles Deprivation Act 2020 (B925 c.2) is hereby repealed.

Section 2 - Restoration of the office of King’s Counsel

(1) The office of King’s Counsel shall be reinstated, and all privileges and rights associated with the office, as recognized by Letters Patent, are hereby restored to the state they existed immediately before the commencement of the Repealed Act.

Section 3 - Opt-Out Provision

(1) Individuals offered the honour of King’s Counsel may, within a reasonable timeframe defined by regulations, reject the honour without any legal consequence or deprivation.

(2) The rejection of the honour must be communicated in writing to the Lord Chancellor or a separate minister of the crown defined by regulations.

(3) Individuals whose King’s Counsel title is reinstated by this Act have 12 months from the date of reinstatement to reject the honour, should they wish to do so.

Section 4 - Revival of Prerogative Powers

(1) The powers relating to the appointment of King's Counsel that were exercisable by virtue of His Majesty’s prerogative immediately before the commencement of the Repealed Act are exercisable again.

Section 5 - Definitions

(a) King’s Counsel: The title bestowed through Letters Patent whereby an individual is recognized as His Majesty’s Counsel learned in the law.

(b) Repealed Act: The Legal Titles Deprivation Act 2020 (B925 c.2).

Section 6 - 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 King’s Counsel Restoration Act 2023.

This Bill was written and submitted by His Grace The Duke of Suffolk KCT CVO PC /u/DrLancelot as a private members bill.

Opening Speech:

My Lords/Mx. Speaker,

I rise today to present the King’s Counsel Restoration Bill, a piece of legislation that not only seeks to repeal the Legal Titles Deprivation Act 2020 but also aims to reinstate the time-honoured tradition of recognising individuals as King’s Counsel. This bill stands not as an assault on the values espoused by the authors of the 2020 Act but rather as a nuanced effort to restore a tradition that holds historical and cultural significance within our legal system.

The removal of the King’s Counsel designation, as mandated by the 2020 act, was certainly born out of valid concerns about elitism and potential market distortions. However, it is essential to recognise that the King’s Counsel title is not merely a symbol of privilege but a distinguished recognition of legal excellence that spans centuries.

The King’s Counsel designation is deeply rooted in tradition and has been a marker of meritocracy. It is bestowed upon individuals who have demonstrated exceptional legal prowess and a commitment to upholding the highest standards of justice. Admittedly, in the past, this honour might not have fully reflected the values of inclusivity and diversity that we now rightly champion. However, rather than discarding this historical designation, let us reform it to align with contemporary ideals.

The King’s Counsel Restoration Bill introduces a mechanism for individuals to accept or reject this honour, emphasising individual agency and choice. By doing so, it addresses the concerns raised about the potential elitism associated with the title, providing a more inclusive and equitable framework.

This bill maintains a narrow focus on the restoration of a tradition that should embody legal excellence and the principles that define our modern society. It is an opportunity to redefine the King’s Counsel title as a marker of excellence, where merit is recognised irrespective of social background or demographics.

As we consider this bill, let us engage in a thoughtful discussion that not only respects the reasons behind the initial Act but also recognises the value inherent in restoring the King’s Counsel title. This is a focused and deliberate effort to restore a tradition that can coexist with our contemporary ideals.

Thank you, My Lords/Mx. Speaker.

Lords may vote either Content, Not Content or Present to the Bill.

This Division ends on the 28th of November at 10PM GMT.