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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 5 May 2021
  6. Current session: 12 May 2021 to 26 July 2025
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Displaying 2148 contributions

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Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I saw the evidence from Bill Alexander, who said that it was challenging and sometimes traumatic for the Association of Commercial Attorneys to become a regulator. I think that that is the only organisation to have become a regulator since 1980. I also saw that Lady Dorrian said that it should be challenging to go through that process, so I think that we are striking a balance.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I do not believe that it does so. As the committee heard in evidence last week, the Lord President already has a significant role in the oversight and regulation of legal services, which is not the same as directly regulating the provision of legal services. The Lord President is not involved in the day-to-day regulation of legal services: he has oversight of some aspects of the Scottish Legal Complaints Commission but does not consider determining complaints, so I do not believe that that alters the general principles of the bill.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

Sure. It might be easiest if I point the committee to the evidence that has been heard across the board welcoming the changes to make the complaints system easier. Neil Stevenson, the SLCC’s chief executive, said that the bill takes

“tremendous steps forward that will reduce complexity and give”

the commission

“extra discretion to deal with particular situations, which should benefit consumers and practitioners.”

Rosemary Agnew, the Scottish Public Services Ombudsman, said that the bill’s approach in relation to quality assurance and continuous improvement is

“not just best practice—it enables the development of best practice.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 14 November 2023; c 8, 23.]

Rachel Woods of the Law Society of Scotland said:

“We welcome the changes that it brings in with regard to making the system faster and more streamlined, and less complex”

for the consumer. She welcomed

“the ability for the Law Society to raise and begin investigating a complaint directly”,

and she welcomed the reintroduction of hybrid complaints, which she said will, for the consumer,

“speed things up and make things less expensive”.—[Official Report, Equalities, Human Rights and Civil Justice Committee, 21 November 2023; c 22-23.]

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I could go into all the different sections in further detail, but the information is outlined in the letter to the committee.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I will bring in Jamie Wilhelm to answer that question.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

Yes, I recognise that, and that is why I will be eager and keen to share where we are with each of the sections that will be amended, as my letter of last week said. As we make progress and come to agreement with our stakeholders and the Lord President, I will be happy to keep the committee updated on all progress, so that you can take a view on that for your stage 1 report.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

Absolutely.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

Yes—absolutely. My officials are having discussions with the Lord President’s office. Any such amendments will affect other parts of the bill, which is why we have to engage on all aspects of moving forward with the amendments. There is not a straight cut to remove one function and give it to the Lord President; we have to consider the whole bill while we are drafting the amendments.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

The bill tries to find a compromise in the middle. It is not trying to upset both sides. The Scottish Government carefully considered the Roberton report following its publication and had an extensive discussion with stakeholders. Although the recommendations were supported, there were polarised views from the legal sector as well.

We have heard from stakeholders that there is a lot of support for the bill. For example, Dr Marsha Scott from Scottish Women’s Aid said:

“I welcome many aspects of the bill.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 3 October 2023; c 10.]

The removal of practising restrictions on charities directly employing a solicitor has been welcomed. That will be transformational for charities’ ability to support vulnerable people.

There are lots of positive things in the bill. I would not say that it is making both sides unhappy.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I am happy to address that, and I might get my officials to contribute, as they have been liaising with the Lord President’s office. I agree: the devil is in the detail, but there has been agreement in the discussions with the Lord President’s office and other stakeholders as to what that detail will be when we proceed with the stage 2 amendments.

Leanna MacLarty or Jamie Wilhelm may wish to add something about engagement with the Lord President’s office.