Lawyers and consumers at odds over control of appointments to the SRA


Boardrooms: Chancery Lane “surprised” at move

The Law Society found itself at loggerheads with the Legal Services Consumer Panel last week after the pair placed themselves on opposite sides of the debate over who should run the process of choosing the chairman and board of the Solicitors Regulation Authority (SRA).

Backing an unexpected LSB consultation on appointments and reappointments – which closed on Thursday and was clearly targeted at the SRA – the consumer panel argued that there were risks to regulatory independence and public confidence if the process remained in the hands of a representative body.

Under current internal governance rules, professional bodies have been allowed to run the process, as long as they “consult fully and transparently” with regulators. The Law Society is responsible for appointments to the SRA, but the Bar Standards Board controls its own appointments process.

In its response to the consultation, Chancery Lane said it was “surprised and disappointed” the LSB was pursuing the change. It said such a move was not backed by sufficient evidence, had not been raised before, and that “revisiting the settlement between the SRA and the Law Society” would be time consuming.

It said the existing system followed “best practice principles of public appointments” and allowed both frontline regulators and approved regulators – namely itself – “to input fully into… [the] process”.

The change was first mooted by the SRA, which said in principle appointments panels could be chosen due to their perceived willingness to advance the professional body’s or profession’s interests.

The consumer panel agreed and warned the risk of “undue influence” in reappointments to a second term could be “even greater once the representative body has seen the chair and board members in action during their initial terms of office”. Further, the chairman and board members could “adjust their behaviour” so as to “avoid upsetting the representative body” when their terms were due to expire.

It said public confidence would be “hard to sustain” as long as representative bodies could “continue to install and reappoint those who head industry watchdogs”.

It recommended regulatory bodies should be responsible for designing competencies required of members and the appointments and reappointments process, as well as delegate decisions on chairs to an independent appointment panel. If all that were done, it said, “we are not convinced it is necessary for the LSB to approve the… arrangements as conforming with the internal governance rules” – mainly on grounds of the cost involved.

The panel added that membership of the regulatory boards should also include people with “broad regulatory and consumer experience”, in part to “send a healthy signal” about the independence of the process.

Recruitment advertisements should be led by regulators but “jointly branded” with representative bodies because they were the “most visible” part of the process and would “shape public and candidate perceptions” about the independence of the regulator.

The consultation on appointments and reappointments was announced at the same time as the LSB decided to press ahead with its policy on lay chairs, despite widespread opposition. The panel welcomed both developments.

Tags:




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog


The hot graphic design trends in the legal sector

As we recover from an unprecedented 19 months within our sector, marketing teams and clerks’ rooms are keener than ever to try out something new in the promotion of their businesses.


What challenges will the Bar face in the next five years?

As we look towards the end of 2021 and at how the Bar has adapted to the harsh realities of the pandemic, the question beckons as to what the future holds.


The rise of cyber-criminal threat for law firms since Covid-19

The global coronavirus pandemic, and the rise in people working from home, has unfortunately provoked a growth in cyber-crime. The UK government estimates that the cost of cyber-crime is £27bn per annum.


Loading animation