Skip to main content

Language: English / Gàidhlig

Loading…

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.  

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 30 April 2025
Select which types of business to include


Select level of detail in results

Displaying 1386 contributions

|

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

The Scottish Government welcomes the CMA’s report and is grateful for its engagement with officials and the Scottish market in its investigation. It is a substantial report. Ministers and officials are considering the recommendations and will respond fully in due course. The suite of recommendations extends over a few ministerial portfolios and the impact of each recommendation needs to be considered in the wider context.

I understand that the Minister for Housing considers that it would be useful, while examining the findings and the recommendations of the CMA, to add more voices to the discussion, and he might include them in the proposed round-table session with property factors. It is under consideration.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

That has not been made clear to me, but, as I said, the Minister for Housing is looking into it. We can perhaps write to the committee on that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

I am not aware of that number; I do not know whether any of my officials have it. We might have to write back to the committee with those details.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

Yes, absolutely. One of the things that I can do, which I take away from this evidence session, is to speak with the Minister for Housing, because if he is going to have a round-table session to examine the recommendations from the CMA report, that consideration could be intertwined with that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 February 2025

Siobhian Brown

I will pass over to Jill Clark, who has been involved in the design of it.

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Siobhian Brown

I agree with Ms White that post-legislative scrutiny is vital. On amendment 637, I am happy to continue to engage on a review mechanism. However, as Ms White stated, I retain concerns that the time period refers to royal assent rather than commencement. I will, of course, seek to swiftly commence the legislation if it is agreed by the Parliament, but the Scottish Government wishes to work collaboratively with stakeholders, as it has done throughout the progression of the reforms, to ensure that all the prerequisites are in place. To ensure that any review provides an accurate reflection and is more meaningful, I consider that basing the time period on commencement would present a stronger, more developed position. I urge Ms White not to press her amendment in the group. If she presses it, I urge members not to support it.

11:45  

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Siobhian Brown

Amendments 452 and 453 are minor technical amendments to section 32 of the 1980 act. The effect of amendment 454 will be that section 33 of the 1980 act, which is entitled “Unqualified persons not entitled to fees, etc”, will continue to apply to law centres, citizens advice bodies and charities. I ask members to support the amendments in the group.

I move amendment 452.

Amendment 452 agreed to.

Amendments 453 and 454 moved—[Siobhian Brown]—and agreed to.

Section 81, as amended, agreed to.

Section 82—Offence of taking or using the title of lawyer

Amendment 455 moved—[Siobhian Brown]—and agreed to.

Section 82, as amended, agreed to.

Section 83—Offence of pretending to be a regulated legal services provider

Amendment 456 moved—[Siobhian Brown]—and agreed to.

Section 83, as amended, agreed to.

Section 84—Offence of pretending to be a member of Faculty of Advocates

Amendment 457 moved—[Siobhian Brown]—and agreed to.

Section 84, as amended, agreed to.

Section 85 agreed to.

Section 86—Power of the Scottish Ministers to adjust restricted legal services

Amendment 458 moved—[Siobhian Brown]—and agreed to.

Section 86, as amended, agreed to.

After section 86

Amendment 459 moved—[Siobhian Brown]—and agreed to.

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Siobhian Brown

I reaffirm what I said when amendment 638 was debated last week. Following engagement with Tess White, I am content to support the provisions in the amendment. We might have to revisit it at stage 3 to ensure that the revised provisions will work fully with the wider legislation, and I look forward to engaging with Tess White further on that. The Government is willing to support her amendment 638. Accordingly, I will withdraw amendment 508.

Amendment 638 agreed to.

Amendment 639 moved—[Paul O’Kane]—and agreed to.

Section 87—Modification of other enactments

Amendment 460 moved—[Siobhian Brown]—and agreed to.

Section 87, as amended, agreed to.

Schedule 3—Minor and consequential modifications of enactments

Amendments 461 to 467 moved—[Siobhian Brown]—and agreed to.

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Siobhian Brown

I assure Ms Chapman that I will be very happy to discuss that further in advance of stage 3.

Amendment 468 agreed to.

Amendments 469 to 472 moved—[Siobhian Brown]—and agreed to.

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Siobhian Brown

Paul O’Kane’s amendments in the group would place back in statute a requirement for the SLCC to determine whether a complaint was

“frivolous, vexatious or without merit”

before it could investigate a complaint. Placing in statute the eligibility process can make the process more time consuming for both the complainer and the legal practitioner, and it can have the effect of delaying a clearly serious complaint from being investigated swiftly, as the SLCC must proceed through the initial statutory stages or tests of assessing the complaint before an investigation can commence.

All that takes place simply to assess whether a case can be accepted by the SLCC as a complaint to be looked at—something that, in many complaints bodies, is a low-level administrative decision. As a comparison, in England and Wales, under the Legal Services Act 2007, the legal ombudsman is simply required, in relation to a complaint, to determine

“in the opinion of the ombudsman making the determination”

what is

“fair and reasonable in all the circumstances of the case.”

The bill retains categorisation of conduct and service complaints, as that determines who will investigate the matter. The bill will also allow the SLCC to consider whether a complaint is not eligible, according to rules that it sets, or has been made prematurely, and it will provide greater flexibility to the SLCC to make rules about complaints that are considered to be frivolous, vexatious or without merit. That approach is supported by the SLCC, and it will allow for a more proportionate and swifter consideration of legal complaints, including whether they are frivolous, vexatious or without merit. Ensuring that eligibility decisions involve a quick sift is essential in providing a prompt resolution that benefits both consumers and practitioners.

Amendment 316, in my name, is a consequential amendment in the light of other changes being made to the bill. It removes section 4(4)(b) of the 2007 act as a consequence of the removal of section 2(4) of that act, which prescribes the preliminary steps to be taken by the SLCC in making an eligibility decision.

The improvements that are proposed in the bill and in my amendments would allow the SLCC to operate a flexible and agile complaints process that allowed a proportionate approach to be taken to different types of complaint.