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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 27 February 2026
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Displaying 873 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

That offers me zero reassurance. I am very proud of the Scottish legal system and of our unique traditions. Aiming to model our legal system on what happens in England and Wales is not the approach that we should be taking. We have a very different and distinct system. I am sad to hear that from a Scottish Government minister. Furthermore, I have spoken out in relation to the Scottish law officers and on politicians having less of a direct role in their involvement in the legal profession. I do not think that pointing to the situation with the UK Government is helpful in that regard.

On section 20(6), which confers a power on Scottish ministers to make regulations specifying other measures that they may take in relation to a legal regulator following a review of their regulatory performance, measures already set out in the bill include setting performance targets, imposing financial penalties and changing or removing some or all of a regulator’s regulatory functions. Last week, stakeholders told us that they were fundamentally opposed to that provision and have called for its deletion. Is there any movement on that?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I want to ask about the proposed powers for ministers in relation to the guarantee fund in schedule 1, paragraph 6. The Law Society suggested that the consultation requirement should be paired with a requirement to publish the outcome of that consultation. Does the Scottish Government have a view on that?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

Can you provide more clarity on how the Lord President’s consent provision would work in practice? What would that look like? How would stakeholders and the Parliament follow that process?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I feel that it is a bit unfair to keep pushing an official, so I will stop there.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

You will recognise that it is hard for the committee, or for individual members of the committee, to come to a view on the scope of that Lord President’s consent provision, which will now run through a substantive part of the bill, without knowing how it will work in practice or what the process would look like. How would we know what discussions had taken place around that? How would stakeholders know if there were concerns about the proposals? Will the regulations be introduced to Parliament before consent is sought, or will consent be sought before the regulations come to Parliament? Will there be ministerial-level discussions with the Lord President before Parliament knows about it? How will the process actually work?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I do not want to be confrontational, but it appears that you are doubling down on the same strategy of making the Lord President’s consent central to the provisions. Last week, we heard from the two biggest legal stakeholders outwith the judiciary, who said that they were deeply uncomfortable with that, that it would undermine confidence in the rule of law and that the powers were too broad. Those are pretty serious concerns. They were saying that that approach would embarrass Scotland around the world and that there were concerns from the Commonwealth Lawyers Association. They did not just have light concerns.

You have come today to tell us that you are just continuing with that approach and adding in a few quite minor safeguards. That makes me concerned that the Government does not really understand the strength of feeling in the legal profession.

Meeting of the Parliament

Early Childhood Development Transformational Change Programme

Meeting date: 2 November 2023

Oliver Mundell

I am grateful to Kaukab Stewart for bringing up that issue, because I ran out of time to do so during my speech. Does she think that the response to that crisis has been sufficient, or does she feel that more resource is needed in speech and language?

Meeting of the Parliament

Early Childhood Development Transformational Change Programme

Meeting date: 2 November 2023

Oliver Mundell

I recognise them, and I am saying exactly that, but I cannot understand how the member can come here and trot off that political spiel without recognising that we have a national shortage of midwives, that neonatal services in this country are being cut and that they are struggling to provide the level of service that their many dedicated and hard-working staff members would like to offer.

Parents in my constituency are fundraising for key hospital equipment. Families are struggling to access national health service services that are near enough to their home, so they are having to travel for hours to access those services, and are then struggling to find accommodation and keep their family together.

We have had promises of flexibility. Willie Rennie made a point about the childcare policy; it is a really positive policy, but having it means nothing if you cannot access it. Those sorts of policies get announced in Parliament but they evaporate the minute we leave the chamber, because they cannot be delivered on the ground.

What about people who are trying to find a dentist for their child or to get them the chance to see a doctor quickly? What about the pressure that health visitors are under? Health visitors are great, but if they must look after more children than they personally can manage to cope with and support, they find themselves overburdened, stressed, stretched and completely disheartened. They are unable to provide the bespoke support that families who most need that help and intervention are trying to access, never mind provide access to speech and language and mental health services. I do not think that members across the chamber need new evidence to know that those services are in crisis.

The Government has the power to do something about all that now, and it really should.

16:03  

Meeting of the Parliament

Early Childhood Development Transformational Change Programme

Meeting date: 2 November 2023

Oliver Mundell

I have tried hard to listen to what has been said. At the start of the debate we heard about how there has been great success in Scotland with breastfeeding—that 46 per cent of mothers are breastfeeding. When we dig into the statistics and look at the detail, however, we find that twice as many mothers from the most affluent areas as mothers from the most deprived areas are breastfeeding . The figures are 63 per cent versus 31 per cent. I find it hard to hear things from the Government about deprived communities and deprivation when such statistics are covered up in what is presented to us, as happened at the start of this debate.

Meeting of the Parliament

Early Childhood Development Transformational Change Programme

Meeting date: 2 November 2023

Oliver Mundell

I welcome the opportunity to speak in today’s debate. It is personal to me, having two relatively young daughters and many friends who have children in this age bracket.

I will always be exceptionally grateful to those individuals who have supported my family, but, having been through the system recently, I have no doubt that it is under great pressure and huge stress. That leads to many people experiencing patchy delivery and poor outcomes. There is a growing sense that our health and social care system is now in a position where it is good at responding to emergencies but it is not always there to meet the care needs, particularly of mums and their babies. That should make us pretty sad.

I have spoken previously in a debate about support for the whole family. I do not think that we can even get to that point, because we are failing at the first hurdle when it comes to pre-birth and post-birth support.

We know that when families get off to a bad start it makes everything more difficult and can have lasting impacts for children. The quality of services and support on offer for mothers and young children, both clinical and in the community, causes me serious concern. I say that on the basis of my experience in my constituency and listening to colleagues in debates around the country.

We cannot fault the Government when it comes to ambitious rhetoric. Like other speakers, I do not aim this criticism at Jenni Minto—I have a great deal of respect for her and believe her to be a very hard-working minister. However, we are doing families and our young people a disservice if we do not own up to the reality that we often fall a long way short when it comes to delivering a Scotland that is the best country in which to be born and grow up.

I do not want to fall into the trap of getting bogged down in petty debate about the baby box. Equally, we have to be grown up enough to say that, although the baby box is nice and is helpful for many people, it does not fundamentally shift the dial for many of our most vulnerable families. After 16 years, if that is the best that things get, we need to be asking serious questions.