The Solicitors Indemnity Fund

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 16 March 2022.

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Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru

(Translated)

4. What discussions has the Counsel General had with the Solicitors Regulation Authority and the Law Society on the proposal by the SRA to close the solicitors indemnity fund? OQ57784

Photo of Mick Antoniw Mick Antoniw Labour 2:47, 16 March 2022

Thank you for your question. We are discussing the future of the solicitors indemnity fund with the Solicitors Regulation Authority and the Law Society. I met with the SRA board chair and chief executive in November. We are meeting again later this month, I believe on 26 April, to discuss their proposed next steps following their recent consultation.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 2:48, 16 March 2022

Diolch yn fawr, Cwnsler. I know that you are more than aware of the nature of the profession in Wales, especially in rural and post-industrial areas. We do have ageing legal professionals and practitioners. In a place like Mid and West Wales, over 60 per cent are over 50 years of age practising criminal law, and a high percentage also of petitioners in these areas. Now, the solicitors indemnity fund provides real protection for consumers, for users, but also for the legal profession itself. Without a viable alternative being put into place, and there's no viable alternative being mentioned at the moment, the closure of the fund could have a huge impact on the legal profession in Wales and on the Welsh public. Could the Cwnsler Cyffredinol confirm to me that he and officials within the Welsh Government will just gently remind the Solicitors Regulation Authority that there is a legal profession outside London and the big cities? Diolch yn fawr. 

Photo of Mick Antoniw Mick Antoniw Labour 2:49, 16 March 2022

I thank you for that supplementary question, and I think perhaps a little bit more than a gentle reminder is probably the case, because I think you're right—the potential impact of these changes—. These are changes where there's an indemnity fund that everyone contributes to for the post-six-year limitation period cover. So, smaller firms are very adversely affected, particularly those in the fields of things like conveyancing, wills and probate, where matters can emerge many, many years later. So, it disproportionately affects Wales, and we already struggle enough with the legal deserts that we have and the issues with regard to the sustainability of small firms within Wales. So, I've raised those concerns with the SRA and with the Law Society, who've been a strong advocate of retaining the indemnity fund. I will do so at the future meetings. I have already highlighted the fact that it is not just the legal profession that would be adversely affected, but it is also the consumers, those who depend upon legal services. And, of course, again, it erodes confidence in the legal profession. So, I thank you for those comments, and I will indeed pursue those issues.