Senior UK cabinet minister Ken Clarke vows making ‘forceful’ case to liberalise Indian legal sector in upcoming visit

Ken Clarke: Indian business risks missing out without foreign firms
Ken Clarke: Indian business risks missing out without foreign firms
Kenneth Clarke, the UK’s Secretary of State for Justice and Lord Chancellor who will visit India in the coming weeks, said at a speech today that it was in the interests of Indian business to open up the legal sector to foreign law firms or suffer because of “restricted domestic legal provision”.

At a City UK event held at Clifford Chance on the future of litigation, Clarke talked mainly about the changing regulation and opportunities in litigation but also touched on global opportunities for UK lawyers, singling out India in particular.

“India for example has a great deal to gain from removing barriers,” said Clarke, “and I will be making the case forcefully when I visit in a couple of weeks’ time that action to open up further to international legal expertise is economically and socially vital for India itself.”

“This is not about the UK’s narrow mercantilist self-interest, but the interest of Indian business, which risks missing out on investment and growth because of restricted domestic legal provision.”

In the text of his speech he also said: “Contrary to popular myth, I do not wear hush puppies but I am nonetheless prepared to wear out much shoe leather making the case for liberalisation of those areas where protectionist regulations remain an impediment to exporting UK services.

“Which areas do I mean? Well, it’s for you to tell me. I take my list of target countries from you – South East Asia, Brazil and Turkey. And my fellow ministers and I are keen to ensure that you always have a place at the table within wider trade missions, wherever they happen within government. Where we get this right it can pay dividends, as the recent EU-South Korea FTA shows.”

“Other areas are longer-term, but I remain determined to keep up the pressure,” he added.

The Tory MP noted that he also needed the audience’s “backing and help” in opening foreign markets. “It is never easy overcoming vested interests, and we only have a chance of doing so with your expertise, knowledge, influence and support.”

“A close dialogue with officials and ministers so they are informed of the key obstacles to opening up specific markets (& likewise any newly developing issues in other areas of the legal sector) is essential,” he said. “My door is always open.”

In July 2010 UK prime minister David Cameron visited India with Clifford Chance’s then-senior partner Stuart Popham, although no overt progress on legal market liberalisation followed. And when US president Obama visited India in November 2010 foreign lawyers’ entry was dropped from the agenda despite two US law firm private practice partners accompanying him.

Photo by underclassring

Comments

Himanshu 14 Sept 2011, 15:24
+1 -1
Yes Ken! Thanks a lot. This is the need of the hour.
Anonymous 14 Sept 2011, 16:55
+1 -0
I wait to see that day come...
Anon 15 Sept 2011, 04:54
+1 -1
Dear Ken, I'd love to see you try.. I'll be very happy if foreign law firms open up here (huge employment opportunities for us) but seriously, are you really going to pitch it as "do it because it is in India's own interest"?? Surely, even you don't believe that! If you can get through making your 'forceful case' with a straight face, you will have proved your worth as a politician!
A 15 Sept 2011, 05:10
+4 -1
I don't think liberalisation will happen before 2014 unless Modi becomes PM.
B 15 Sept 2011, 05:44
+1 -1
How does that make any logical sense whatsoever? If you ever wrote a law school entrance exam you would have got all the logical reasoning questions wrong!
A 15 Sept 2011, 07:10
+2 -0
Congress is not pro-liberalisation of the legal sector ...BJP is in favour of it. So, unless Modi or anybody else from BJP comes to power, it is unlikely to expect foreign firms setting up shops in Bombay and Delhi.
Full speech 15 Sept 2011, 05:43
+0 -0
http://www.sentpressrelease.com//email/attachment/download?hash=92afc1c34798952c33ba7131dfaf09ca90314c77b5d1b63782721be00079344f
rocky 15 Sept 2011, 08:26
+0 -0
Totally agree with the above comments. We all want liberalisation and it will benefit India, but this will never happen with the Congress in power. This so-called socialist party fills their pockets with bribes from Indian businessmen to keep foreign competition out (meanwhile their children go and study abroad with their ill-gotten wealth). There should be an RTI appplication filed to reveal details of meetings that Pranab and Moily had with SILF.
RaGa 15 Sept 2011, 09:38
+1 -0
Dear Kian,

I was hoping your website would not degenerate into a platform for needless political mudslinging.

Rocky says "This so-called socialist party fills their pockets with bribes from Indian businessmen to keep foreign competition out". Well as far as my knowledge of history goes, it was the Congress in 1991 which liberalised Indian economy. Further, may be A and Rocky (in their collective 'wisdom') can tell us if the BJP is so much in favor of liberalisation, why didn't it liberalise during 6 years of the NDA.

I hope people realize what they are typing.
A 15 Sept 2011, 12:36
+1 -0
H R Bharadwaj was in favour of liberalisation, but as you know it just can't happen overnight. Lot of lobbies and interest groups are there who try to influence political decisions. Regarding 1991 Liberalisation, I believe congress was too late to do so. It was supposed to be done way back in 1970 when China did it. JRD Tata once a wrote a letter in 1945 to Indian leaders asking them to integrate more with the world economy post independence. Which Congress did after 45 years. Moreover, implementation of Liberalisation was done in a better way under Vajpayee Govt.
Anonymous 15 Sept 2011, 14:00
+1 -0
Dear RaGa

India liberalised because IMF wanted us to do so as a part of structural reforms that were necessary for us to get out of a balance of payment crisis that was solely created due to the Congress policies of yesteryears.

India Inc. opposed but had no choice in the face of IMF conditions. Perhpas this does not go down with the IBN live and NDTV types who think Congress is God's gift to Indians.

Kind regards
Anon 16 Sept 2011, 12:25
+0 -0
There is a lot of talk about India having to open up its markets to foreign law firms to come and set up shop. What about reciprocity? I think that is one of the crucial items to be looked at carefully. We all know the growing keenness of foreign law firms wanting to share the growth experienced in the indian legal market but what about the aspirations of indian law firms who would also like to set up shop overseas with as much ease as is expected by the western firms?
A 16 Sept 2011, 12:56
+5 -0
Fox Mandal, London and Dhaka; Singhania & Co., London and New York; Nishith Desai Associates, California. They are already there !!
Abhineet 20 Sept 2011, 11:18
+0 -0
First let UK liberalize its citizen policy!!! You can not be on the both sides. It is give and take. You export everything to us and you dont let our people in your country!!! UK seriously thinks that they can do naything they want... Well thats not the case the world is not gonna run according to you people.
A 22 Sept 2011, 06:28
+0 -0
Abhineet - UK firms are not willing to employ UK citizens in India. They want to advise on Indian law by hiring Indian lawyers.