Official Report 318KB pdf
Summary Warrants (Alleged Debtors) (PE373)
The fourth item on the agenda is consideration of petitions. I refer members to petition PE373 from Raymond Dorricott, which concerns amending current legislation with regard to summary warrants to local authorities in so far as it relates to the rights of alleged debtors to reply or make comment before a warrant is issued. As members will see from the background briefing note, there does not have to be a hearing; in certain instances, a local authority can simply move to enforcement proceedings.
Perhaps it could become part of our inquiry.
So you are suggesting that we defer consideration of the petition until we have received the Minister for Justice's response.
Will the issue come to the committee?
That I cannot say. There was a promise that it might come to the committee, but I have been told that it was not written on tablets of stone. I certainly hope that it comes to us, as we heard the evidence. Gordon Jackson knows more people than I do, and he says that it is coming to us.
Even so, if we are going to defer it, we should do so for both justice committees.
Obviously, if we were to defer the petition and the matter did not come to this committee, we would refer the petition to the Justice 2 Committee. I certainly hope that poindings and warrant sales come to us, as we dealt with Tommy Sheridan's Abolition of Poindings and Warrant Sales Bill in the first place. I would like to think that we are informed on the issue.
Complaints against Solicitors (PE405)
The second petition is PE405 from Mr James Duff, which relates to—[Interruption.] Excuse me, I have misplaced my briefing paper. It is easily done.
The petition relates to the regulation of solicitors. [Interruption.]
Order. I want to say this for the Official Report. The petition calls for the Scottish Parliament to change the law in order that complaints against solicitors are taken out of the hands of the Law Society of Scotland and placed with an independent body. As members know, we are launching a wide-ranging inquiry into complaints against many operatives in the legal profession. Does the committee wish the petition to become part of that inquiry?
That would make sense. Furthermore, it would be appropriate for members who might, in some people's eyes, be tainted by being members, past members or half-past members of the Law Society of Scotland to declare their membership again.
I am a non-practising Queen's counsel.
How often do we have to declare this?
I do not know, Gordon, but we must take a belt-and-braces approach. I am afraid we have to declare it every time it comes up.
Every time we discuss an issue to do with law?
No—every time we discuss lawyers. The complaints are against lawyers.
Lawyers. I am one. Right.
I no longer practise, although I am registered as a solicitor.