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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 30 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 31 October 2023

Stuart McMillan

In relation to regulation 3(2)(i)(ii) and (iv), does the committee wish to invite the Scottish Government to consider addressing the issue in the next amending instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

I welcome our second panel: Rachel Wood, executive director of regulation at the Law Society of Scotland, and Morag Ross KC, from the Faculty of Advocates, who is joining us online.

I remind witnesses not to worry about turning on their microphones during the meeting, because those are controlled by broadcasting. If you would like to answer a question, please raise your hand or catch the clerk’s eye. There is no need to answer every question if you do not feel the need to respond, but please feel free to follow up in writing regarding any question after the meeting, if you wish to.

We move to questions. Section 5 of the bill gives the Scottish ministers a power that would allow them to modify the regulatory objectives and professional principles for legal services that are set out in sections 2 to 4. What is your view on the delegation of that power, and its scope? Is it reasonably foreseeable that the objectives and professional principles set out in the bill will require to be added to, amended or removed over time? If so, is it your view that that should be done by primary legislation?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

The delegated powers memorandum that the Scottish Government has produced states that the power is required

“to enable the Scottish Ministers to respond strategically in light of ... changing circumstances”,

and that regulations would be a more efficient way of achieving that in comparison to primary legislation.

Rachel Wood touched on consultation. A wide variety of individuals and organisations would need to be consulted, including the Lord President, the Scottish Legal Complaints Commission, the independent advisory panel of the commission, the Competition and Markets Authority, each category 1 and category 2 regulator, and each approved regulator of licensed providers. The bill proposes that a detailed level of consultation would take place. Do you agree that all those relevant organisations and individuals would put forward proposals and suggestions that would assist the legal profession rather than potentially having the opposite effect?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Okay, and then I will bring in Oliver Mundell for a supplementary.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Thank you. As Jeremy Balfour has no further questions, I call Oliver Mundell.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Morag, do you have anything to add?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 24 October 2023

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 24 October 2023

Stuart McMillan

Under agenda item 4, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

The bill as introduced contains 21 delegated powers. We have focused on eight of them, which appear to have been the focus of comments that you have made in response to the lead committee’s call for views. As a committee, we will report on all 21 of the proposed delegated powers in our report to the lead committee. Do you have any comments on any of the other delegated powers that are contained in the bill?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Thank you for that. I note that Rachel Wood said that we would be receiving something in writing, and the committee certainly looks forward to that.

As colleagues have no more questions, I thank Morag Ross KC and Rachel Wood for their extremely useful and helpful evidence this morning. The committee might well follow things up in writing afterwards if we have any further questions.

With that, I move the committee into private session.

11:39 Meeting continued in private until 12:04.