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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 11 October 2025
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Displaying 504 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

In which case, I will move on to ask about section 49, which I know has already been touched on, at least in passing. It provides that the Scottish ministers may establish by regulations a body with a view to it becoming a category 1 regulator and may specify

“circumstances under which the Scottish ministers may directly authorise and regulate legal businesses.”

The bill states that ministers must obtain the consent of the Lord President before making such regulations and, even then, make them only if they believe them to be necessary as a last resort.

Again, I am interested in your reflections on that delegated power and any other concerns that you have with it that have not already been stated. Do you consider that it is effectively hemmed in?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

For absolute clarity, is there nothing that could be done to the section other than to remove it?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

That is helpful.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

Obviously, there are hundreds of smaller independent law firms. Thinking about my constituents, I would say that most people probably interact with smaller independent firms.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

You said that, overall, you do not feel that the bill is an improvement. You think that it makes things more complex.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

My concern is that we could end up in a situation in which the Parliament says that it is okay to proceed but in which the Lord President says that it is not. I would like to get a sense of how big a problem you think that would be. I fear the politicisation of the Lord President’s role. As you said, Parliament is here to make the law. Parliament might think that something should be the law of the land, but the judiciary might block that. Are there examples of the Lord President having that sort of role in other areas of the law? How might an impasse like that affect the legal profession?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

No answer at all?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

You have made strong representations at the meeting and throughout the process. Do you get any sense that the Government is listening to that feedback? What is the engagement on the issue? Given that you have said that it is “No, no, no” for you, is there a sense that that is being listened to?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

So you do not have a firm view on the specific delegated powers.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

I do not deny that. I just felt that it was important to clarify that the sector is probably still a bit more diverse than just 16 firms.