December 2004

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Clementi Review

Sir David Clementi’s Report of the Review of the Regulatory Framework for Legal Services in England and Wales was published on 15 December. Key proposals are:

  • A Legal Services Board – this will oversee the way the legal profession regulates lawyers
  • The Office for Legal Complaints – a new gateway for consumer complaints about all lawyers
  • Legal Disciplinary Practices – enabling solicitors to work with other professionals like barristers and accountants within one firm

Legal Services Review site

“a better deal for consumers” – the Law Society.

“changes must not be allowed to compromise the fundamental independence of lawyers” – the Bar Council

The Cabinet Office Autumn Performance Report states that 96% of government services will be available electronically by the end of 2005, with 75% of these services currently available. Many services are experiencing high annual growth rates:

  • 67% of incorporations are now electronic, up 19% from the previous year.
  • Over 1.1 million Self Assessment tax returns for 2002-03 were submitted electronically by April 2004.
  • 79% of vehicle registrations are electronic.
  • 65% of university applicants used electronic application services for 2004 entry.
  • Over 60,000 claims were issued and 11,000 responses filed using the Court Service’s Money Claim Online.
  • Land Register Online is attracting over 1,300 applications per day.

Cabinet Office News Release

Three sites that help you the citizen make sense of what your elected representatives are doing and hold them to account (in their own words):

  • TheyWorkForYou.comEverything MPs say in the House of Commons is recorded in a document called Hansard. TheyWorkForYou.com helps make sense of this vital democratic resource while allowing you to add comments and links to the official transcripts of Parliament.
  • The Public WhipEvery week, a dozen or so times, your MP votes in the UK parliament. This is their crucial, visible exercise of power. The Public Whip data-mines their voting record to help you hold them to account. For more information about the project
  • FaxYourMP.comMost people don’t know the name of their MP, let alone their constituency. We think it’s important that constituents know the identity of their Parliamentary representative, and be able to contact him or her when they feel the need. Hence this website.

In a related development mySociety.org, in partnership with West Sussex County Council, won £250,000 earlier this year from the Office of the Deputy Prime Minister’s local government e-innovations fund. It emerged from the same stable of volunteers who conceived FaxYourMP, PublicWhip and TheyWorkForYou, and promises a series of cheap, high-impact websites, developed using a mix of paid staff and volunteers.

Guardian Online article

Parliament site sucks II

The start of the new Parliamentary session is a reminder just how awkward it is to monitor the progress of bills on the Parliament site. The Bills before parliament page summarises the position thus:

What a meal they make of it! For a much friendlier updater use ePolitix Legislation Watch where you can see at a glance the progress of each bill. You can also sign up for free alerts and other services.

First published December 2004 in Computers and Law

Lord Justice Brooke chaired the legendary “Free the Law” meeting at Chatham House in London which gave birth to the body we now know as BAILII. 1 November 2004 saw him again in the chair, this time to host a celebration of its first five years. He was joined on the rostrum by Graham Greenleaf of AustLII, BAILII’s adoptive parent, and representatives from across the British Isles. Unencumbered by any notes of the proceedings, what follows is a liberal interpretation of some of the evening’s highlights.

Following the first session, which comprised a demonstration of BAILII, Dominic Hartley, a senior civil servant at the DCA, kicked off part two with a review of the online services that the DCA/Court Service have developed over the period of which they can justly be proud.

Ronan Keane, former Chief justice of the Supreme Court of Ireland, then took us on an entertaining romp through recent Irish judicial history.

The general mood of the meeting was, of course, one of celebration. However, we were forced to commiserate with Carolyn Kirby, Chairman of the Law Society-Wales Committee, her compatriots and all who do business with them. Not only must they attempt to construct current Welsh legislation by identifying and integrating subsequent amending instruments, they must also first ascertain if in fact power to make the specific provision they seek has been delegated to the Welsh Assembly by reviewing a long line of transfer of functions orders (and amendment orders). Further, much secondary legislation is made by way of circulars and it appears that some of these never see print, let alone digital form, residing as hand-written scraps of paper in Ministers’ top drawers (or was I dreaming at this point?)

Graham Greenleaf spoke passionately of how the enthusiasm of the founders and the good will of information providers had made BAILII possible and successful and had “raised the bar” in terms of the level of public provision of law. Importantly, BAILII had proved that the AustLII model (both technical and organisational) was transportable to other jurisdictions and had thus been instrumental in spawning the other LII cousins CanLII, PacLII, HKLII, SAFLII and WorldLII. He also unwittingly amply demonstrated the frustrations of an inexperienced user when his Boolean connector “near” inexplicably produced no results. However, by substituting /50/ (within 50 words of) he was able to continue with the cake he baked earlier, demonstrating a cross-jurisdictional search on WorldLII and previewing the international materials now loaded on that service.

In the panel discussion which followed Henry Scrope of Emplaw posed the question that we’ve been asking repeatedly over the last 7 years, “Will the Statute Law Database really be online next Spring?” and the supplementary question, “And is it indeed intended to charge users for reference to ‘point in time’ versions?” To both, the answer from Dominic Hartley of the DCA was unfortunately “I’ll have to check back with base.” “It’s a scandal!” interjected Laurie West-Knights.

The meeting already having encroached considerably on our drinks and canapé time, Richard Susskind took us at a brisk canter through current developments regarding re-use of Public Sector Information (PSI). He chairs the Advisory Panel on PSI whose job is to advise the Government so that this asset is indeed protected and exploited and its value is maximised. Central to its deliberations is the 2003 European Directive on the re-use of PSI which will be implemented in the UK on 1 July 2005. This creates a new, harmonised regime, aiming to remove obstacles that stand in the way. The Panel “strongly supports the aspirations underlying the PSI Directive, and believes that it provides a basis for developing more ambitious ways of exploiting the intellectual capital of the public sector.” He left us feeling confident that provision of PSI would move from being reactive to the requests of citizens to being proactive to their needs.

Links:

Transcript of the proceedings
HMSO PSI pages
Advisory Panel on PSI
Europa pages on PSI