Justice Committee, 24 Feb 2009

Meeting date: Tuesday, February 24, 2009

Official Report 83KB pdf

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Subordinate Legislation

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Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional Provision) Order 2009 (SSI 2009/17)

I remind everybody to switch off mobile phones. No apologies have been received.

The first item on the agenda is subordinate legislation, and there are two negative instruments for consideration today. The first is the Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional Provision) Order 2009 (SSI 2009/17). The Subordinate Legislation Committee raised no points on the order. Do committee members have any questions on it?

I have an observation. Both the orders that we are considering today arise from what appear to be failures to deal with matters at the proper time—in the case of SSI 2009/17, when the principal legislation was being considered. It may be that such hiccups occur all the time, but I am a relative newcomer to the committee and, in the time that I have been on it, we have already considered one or two instruments with the same dimension to them.

Do we have any explanation from the Government as to why the transitional arrangements for the sharing of information were not dealt with when the Legal Profession and Legal Aid (Scotland) Act 2007 was considered? It seems an obvious, incidental matter. The interrelation between the previous arrangements for the investigation of complaints by the Law Society of Scotland and the new arrangements was a matter of some concern and debate during consideration of the act, so it seems a little odd that the matter was not picked up then.

You are correct that the Government failed to anticipate the need for transitional provisions. That is the case with the Justice of the Peace Courts (Sheriffdom of Tayside, Central and Fife) Amendment Order 2009 (SSI 2009/20) as well, in a similar manner to the situation that arose with the justice of the peace court in Glasgow. I hope that the Scottish Government will realise that there are concerns about that and that it will not have to be pointed out on any future occasion.

Are members content to note the order?

Members indicated agreement.

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Justice of the Peace Courts (Sheriffdom of Tayside, Central and Fife) Amendment Order 2009 (SSI 2009/20)

The Subordinate Legislation Committee raised no points on the order. Are members content to note it?

Members indicated agreement.

Before the committee moves into private, Stuart McMillan has something to say to us.

I will resign from the committee this week, so I put on record my thanks to all committee members past and present for their assistance throughout the past 22 months. It has been an interesting committee and I have gained a great deal from being a member of it.

I say a special thank you to the clerking team. The clerks do a tremendous job and their assistance has been invaluable to me, particularly when I arrived on the committee as a new member of the Parliament.

That is greatly appreciated. On behalf of the committee, I thank you for the significant contribution that you have made over the past 22 months. You have put a lot into the committee's work; you have always come well prepared and well researched. I wish you all the best on whichever committee you transfer to.

That concludes the public business for this morning.

Meeting continued in private until 11:58.