Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 [Draft]
Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 [Draft]
We have two affirmative instruments to consider today. Under item 3, we are to take evidence from the minister and her officials on the draft Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 before formally debating the motion to approve the regulations under item 4. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the regulations on any grounds within its remit.
Can I be clear about which Scottish statutory instrument we are doing here? Is it the one that deals with specification of regulated professions?
It is indeed.
Thank you.
Can I confirm that you have not also spoken about the draft Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012?
My focus was on the draft Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012.
Do committee members have any questions? Have you been beaten into submission?
Almost, but I have what I hope are helpful questions for the minister.
As far as I am aware, nothing under the proposed arrangements will make life any easier for organised crime than at present. The Law Society of Scotland has made a lot of comments and raised a lot of issues—mostly about what might be perceived in some quarters as a threat to its business—but the threat is not from organised crime; the threat is more about firms being swallowed up by other firms.
So the threat is from competitors.
That is mainly what has been expressed to me, rather than the issue that you raised. We can double-check that and come back to you, but I do not have any information that suggests that what we propose will make life any easier for organised crime. We would be as quick to jump on that if we thought that it was going to happen—or indeed if we saw it happening—as you would expect us to be.
We now move to item 4—the formal debate on the draft Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012. I ask the minister to move motion S4M-03156.
No member wishes to speak and the minister has nothing further to add. The question is, that motion S4M-03156 be agreed to.
We are required to report to Parliament on the instrument. Is the committee content to delegate authority to me for the final wording of the report?
Item 5—the second affirmative instrument for consideration—is the draft Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012. This is an opportunity to take evidence from the minister and her officials on the instrument before formally debating the motion. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any grounds within its remit. Does the minister wish to make a short opening statement?
No.
There is no statement and there are no questions.
No member wishes to speak and there will be no summing up—I like the way this is running. The question is, that motion S4M-03159 be agreed to.
As with the previous instrument, we are required to report to Parliament on this instrument. Is the committee content to delegate authority to me for the final wording of the report?
I thank the minister and her officials for attending the meeting. There will be another changeover now—it is a bit like “Strictly Come Dancing”—before we move to agenda item 7.
Fire and Rescue Services (Framework) (Scotland) Order 2012 (SSI 2012/146)
Last week, the committee considered the Fire and Rescue Services (Framework) (Scotland) Order 2012 and agreed to invite the Minister for Community Safety and Legal Affairs to respond to concerns that were first raised by the Subordinate Legislation Committee. I remind members that this is a negative instrument—I know that you are paying attention and that I did not really have to do that.
Thank you for the opportunity to reassure the committee on the instrument. I understand the issues that were raised by the Subordinate Legislation Committee, but it is clear which document the order will bring into effect. On re-publication of the framework document later this month, that clarity will be put beyond doubt. I hope that the background that I will provide today offers that reassurance because, in fact, we used the order that brought the 2005 fire framework into effect as a precedent. I refer to the fact that the 2005 order pointed to a document that, at the time of laying, was yet to be published, as is the case with the 2012 order. The reason for publication being on a future date is so as not to pre-empt the approving of the order by the Parliament. The document that is referred to must, of course, be available for scrutiny for Parliament to be able to fulfil its duties. We therefore made the document available on the Scottish Government website, as footnoted in the order. As it was made available in May, the document is marked as being published in May 2012 at this stage. The intention was and is to formally publish the document in June 2012, after the Parliament has considered the order, at which stage there will be a clear link in wording between the order and the framework document. I do not think that there is any question over whether the document exists, given that the footnote to the order provides the web address that links directly to the framework.
Thank you very much.
I thank the minister and her officials. We will have another brief suspension to allow the tables to clear.
Licensed Legal Services (Interests in Licensed Providers) (Scotland) Regulations 2012 (SSI 2012/154)
Item 8 is also subordinate legislation. There are two further negative instruments for consideration.
Parole Board (Scotland) Amendment Rules 2012 (SSI 2012/167)
The second negative instrument for consideration is SSI 2012/167. The Subordinate Legislation Committee has drawn the Parliament’s attention to the instrument on one issue, as members will see from paper 7. As members have no comments, are we content to note the instrument?
Act of Sederunt (Summary Cause Rules Amendment) (Personal Injuries Actions) 2012 (SSI 2012/144)
Under item 9 are three instruments for consideration that are not subject to any parliamentary procedure.
Legal Services (Scotland) Act 2010 (Commencement No 2 and Transitional Provisions) Order 2012 (SSI 2012/152)
On SSI 2012/152, the Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any grounds within its remit. If members have no comments, is the committee content to make no recommendation in relation to the instrument?
Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No 10 and Saving Provisions) Order 2012 (SSI 2012/160)
On SSI 2012/160, members will see from paper J/S4/12/21/10 that the Subordinate Legislation Committee has drawn the Parliament’s attention to the instrument on a number of grounds. If members have no comments, is the committee content to make no recommendation in relation to the instrument?