Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the ability of the Solicitors Regulation Authority to access material over which privilege is claimed on the effectiveness of that organisation.

The legal profession in England and Wales, together with its regulators, operates independently of government. The Solicitors Regulation Authority (SRA) is the frontline regulator responsible for regulating the professional conduct of solicitors and most law firms in England and Wales. The Legal Services Board (LSB) oversees the performance of all frontline regulators, including the SRA, to ensure they operate effectively and in the public interest, including through annual performance assessments, targeted reviews and ongoing engagement with regulators on their statutory duties.

Section 44B of the Solicitors Act 1974 provides the SRA with the power to require solicitors and law firms to produce information and documents where the SRA is satisfied that it is necessary to do so (amongst other grounds) for the purpose of investigating whether there has been professional misconduct by a solicitor or a breach of its rules by a recognised body. It has a similar power under section 93 of the Legal Services Act 2007 in relation to licensed bodies. The SRA has published guidance on its approach to evidence gathering, which states that the SRA may request material where privilege is asserted, subject to safeguards and use for regulatory purposes only. This guidance is available at: SRA | How we gather evidence in our regulatory and disciplinary investigations | Solicitors Regulation Authority.

I met recently with the new Chair of the SRA to raise a series of performance issues with her. Whilst this Government has not undertaken its own specific assessment of the impact of the SRA’s ability to seek material over which privilege is claimed on its effectiveness as a regulator, I will discuss this with the SRA. I am aware of the ongoing proceedings concerning the scope of its statutory powers in relation to legally privileged material, and officials have discussed the matter with the SRA as part of their routine regulatory engagement.