PARA-LEGAL PROFESSIONALS (Role in conveyancing)

Dr Wang Kai Yuen asked the Minister for Law what is the outcome of the review of the role which para-legal professionals can play in conveyancing.

The Minister for Law (Prof. S. Jayakumar): Sir, the Member will recall that when this matter was raised in this House last year, I said that I will examine the feasibility of following the practice in the United Kingdom of allowing non-lawyers to do certain kinds of conveyancing. I stated then that the primary consideration must be public interest, in particular those members of the public who will be the clients of such a new category of professionals.

Both the previous Attorney-General and the new Attorney-General have given me their views. Both of them have advised that, while it is possible to follow the British practice of allowing non-lawyers to do conveyancing work, there are some important implications which must be carefully considered. The most serious implication is that it will require the Government to set up an entirely new system of education and training and to provide the infrastructure to allow non-lawyers to engage in conveyancing work. Indeed, new provisions will have to be enacted by Parliament for the creation of an entirely new and separate profession which, in effect, would call for the duplication of the same type of machinery and combined resources that now exist in the Law Faculty, Board of Legal Education, the Law Society and the Academy of Law.

This is exactly what has happened in England with their system of licensed conveyancers. They have had to establish a separate Council for Licensed Conveyancers to ensure standards of competence and professional conduct. The Council is also responsible for the registration of students and for their practical training and examinations. They have to establish the machinery for disciplining those who are guilty of misconduct. They also had to set up a Conveyancing Ombudsman Scheme to investigate complaints against licensed conveyancers.

Given our scarce resources in Singapore, the question that arises for us is whether it is in the public's interest to expend the money and resources to set up an entirely new and parallel system for the establishment of such a new profession. As it is, for the training of our new Advocates and Solicitors, considerable difficulties are encountered in providing for the practical post-graduate law course for law graduates every year. Many of the lecturers are practising lawyers who have volunteered to teach in this Course.

If the need arises, we will consider the possibility of allowing some types of conveyancing to be handled by non- lawyers. However, because of the difficulties I have mentioned, we intend to proceed rather cautiously in this area.

Mr Heng Chiang Meng (Cheng San GRC): Sir, may I ask the Minister whether he will consider abolishing the schedule of fees connected to conveyancing and let the free market principle prevail in the charges of conveyancing by lawyers?

Prof. Jayakumar: Mr Speaker, Sir, that is a suggestion which I think may be more workable and I am prepared to consider whether the solicitors' scale fees for conveyancing should be re-examined with a view to either modification or whether it should be retained in today's circumstances. Members will recall that when we made the amendments to the Surveyors Act, we did away with the scale fees for surveyors on the grounds that we should leave it to market forces. We should examine whether it is not time for us to have a serious look at the solicitors' scale fees.