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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 3 January 2026
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Displaying 2412 contributions

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Meeting of the Parliament

Regulation of Legal Services (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I know that Tess White has become a member of the committee only recently. Throughout the bill’s passage, it has been incredibly difficult to find a balance between the legal profession and the consumer side, starting from day 1, when it was suggested—before my time as minister in charge of the bill—that there be an independent regulator, and we decided not to pursue that. We have engaged constructively with the legal profession, and—as Tess White will know—on some of the amendments that have been considered today, to strengthen the consumer side. I am not going to say that the process has been easy—it has been difficult to get the bill through and find that balance. However, I hope that, as we move forward today, we have achieved that.

The framework delivered by the bill aims to balance the interests of stakeholders—who, although they have differing views, all support this bill—and ensure that Scotland’s legal sector remains trusted, transparent and effective in meeting the needs of those that it serves.

I will briefly remind members of the bill’s key provisions. It will provide a more consumer-focused approach by introducing a more flexible and consumer-focused regulatory structure that ensures that individuals who seek legal services receive high standards of service and clarity on their redress options. For too long, consumers of legal services have struggled to understand the complexities of the complaints system. The bill aims to remedy that by establishing clearer processes for consumers to seek redress and hold legal providers accountable. The bill also strengthens the consumer voice by providing the consumer panel with a robust footing and a wider remit.

The bill will also ensure improved oversight and accountability. As the ultimate regulator of Scotland’s legal sector, the Lord President is empowered by the bill to oversee and improve the functions of legal services. For example, I lodged amendments at stage 2 in order to transfer to the Lord President the ability to review a regulator’s performance. I have also lodged amendments that would require the Lord President’s consent to be gained before any changes may be made to the regulatory category of a regulator.

Finally, the bill will increase access to justice, as it will introduce provisions to widen access to legal services. It will enable innovative service delivery models, including alternative business structures. This change will help to ensure that legal services are available in a way that meets the needs of a modern, diverse society. The bill also removes restrictions on third sector bodies, to allow them to employ solicitors and represent some of the most vulnerable in society.

Let me also reflect on the broader context within which this legislation has emerged. Scotland’s legal sector plays an integral role in maintaining the rule of law and upholding justice. From individuals who are seeking advice in family law matters to businesses that are navigating complex commercial disputes, the demand for accessible, efficient and accountable legal services is growing.

However, as we know, the landscape of legal services has changed dramatically over the past decade, and that change has accelerated in recent years. The rise of technology, the increase in diverse legal needs, and the challenges that consumers face have highlighted the need for reform.

The bill is a direct response to those challenges and a recognition that, although our legal services sector is one of the best in the world, it is not without areas for improvement.

Throughout the consultation process, many views were expressed on the idea of having a single independent regulator. We have taken great care to ensure that the regulatory framework that the bill provides is proportionate, balanced and sensitive to the autonomy of the legal profession while ensuring that the public interest remains at the heart of the regulatory process.

This bill is a vital piece of legislation that has the potential to reshape the legal services landscape in Scotland, which I am sure we all welcome.

Ultimately, the bill is about improving the everyday experience of people who need legal help and ensuring that legal services are delivered in a way that is fair, equitable and accessible for all. It is about empowering both consumers and professionals to build a stronger, more resilient legal system that reflects the values of our society and meets the expectations of our citizens.

I am confident that the Regulation of Legal Services (Scotland) Bill can deliver a robust regulatory framework that serves both the interests of the legal profession and the people of Scotland, and I urge all members to support it.

I move,

That the Parliament agrees that the Regulation of Legal Services (Scotland) Bill be passed.

17:28  

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

The Scottish Government recognises the distress that is caused to victims of crime and fully supports the activity to reduce that harm. Police Scotland has published an action plan that aims to provide a visible and measurable impact on retail crime. That includes stopping people from becoming perpetrators of acquisitive crime, bringing perpetrators to justice, with a focus on repeat offenders and organised criminals, and strengthening collective protection against retail crime.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

I regularly engage with the legal profession, and that issue has not been specifically raised with me in my meetings. I know that the Scottish Legal Aid Board can and often does provide funding for solicitors to allow services to be delivered to people all around the country. I also know that there are some gaps in our rural communities at the moment, and SLAB is looking at the geographical issues. That is one of the issues that we consider in the discussion paper on how we can improve things.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

The handling and recording of non-crime hate incidents is an operational matter for Police Scotland, and revised guidance on the handling of non-crime hate incidents was published by Police Scotland in August last year.

We have regular discussions at official and ministerial level with Police Scotland on tackling hatred and prejudice, in line with our engagement with Police Scotland across the Government on a range of issues.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

Legal aid funding allows solicitors to deliver their services to people across Scotland, and those services can be delivered remotely as well as in person. Every year, legal aid helps many people with civil problems. Legal aid expenditure is on track to be more than £170 million this year, which is the highest ever level.

However, I recognise that improvement is needed and that there are challenges in certain areas with certain types of legal aid work. Our programme for government commits us to taking forward the reforms that are set out in the recently published legal aid reform discussion paper, which will simplify the system for solicitors and those who need legal assistance, along with longer-term proposals for funding and improving the delivery of services. That includes a review of legal aid fees that will help develop regular assessments to ensure that systems remain fair and sustainable and deliver for the public purse.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

As I have said previously, we are unable to do legal aid reform in the current parliamentary session, but I am committed to making improvements that we can make in this session.

The discussion paper sets out three key strands of work that we will undertake to improve and reform legal aid. In the immediate short term, we will simplify the judicare model by bringing regulations to Parliament this year. It is our intention to make changes to criminal, civil and children’s legal aid. We will make summary legal aid available for guilty pleas and cases continued without pleas in summary prosecution cases. A lot of work is set out in the discussion paper, but that is what we will be aiming to do in this parliamentary session.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

The Domestic Abuse (Scotland) Act 2018 created the offence of domestic abuse that incorporates coercive and controlling behaviour, including financial abuse. Anyone who is experiencing domestic abuse is encouraged to seek help. Equally safe, which is Scotland’s strategy to prevent and eradicate violence against women and girls, explicitly recognises economic abuse. Our £26.1 million a year delivering equally safe fund supports survivors, including through the greater Easterhouse money advice project, which delivers specialist financial advice and support for survivors in Glasgow. The victim centred approach fund will provide more than £32 million to 23 organisations between 2025 and 2027, including £12 million for advocacy support for survivors of gender-based violence.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

I assure the member that we are determined to support women to get the right access that they need. We have provided a pilot project in Edinburgh that provides an early intervention service offering legal advice to women and children who are impacted specifically by domestic abuse. In addition to the current judicare system, we have provided annual grant funding of £230,000 for the past eight years to the Scottish Women’s Rights Centre.

I am aware that the Cabinet Secretary for Justice and Home Affairs has previously outlined some of the challenges with the implementation of part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021. The challenges are fully understood by our justice partners and external stakeholders. We will look to outline the next steps in the coming months.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

I am very concerned by the rise in shoplifting crimes and recognise the significant harm to retail businesses from theft, as well as threatening and antisocial behaviour, which is totally unacceptable. The Scottish Government is committed to supporting Police Scotland’s robust approach to addressing the issue, which is why we have made £3 million available this year to support Police Scotland’s work, alongside retailers, to tackle retail crime. That forms part of a record investment of £1.6 billion for policing this year, which is an increase of £90 million from last year’s budget.

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 14 May 2025

Siobhian Brown

I am confident that Police Scotland takes recommendations from the PIRC seriously. As Mr Fraser knows, ministers have no role in the investigation of complaint handling reviews against Police Scotland.

It is not appropriate for me to comment on cases that are subject to an independent process. We also do not comment on operational matters relating to Police Scotland, in order to ensure that Scotland’s criminal justice system remains free from political interference.

I understand that the PIRC has made recommendations about Mr Fraser’s case, and I am sure that Police Scotland is currently considering the issue and will respond in due course.