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Chamber and committees

Question reference: S6W-26260

  • Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
  • Date lodged: 19 March 2024
  • Current status: Answered by George Adam on 28 March 2024

Question

To ask the Scottish Government how many individuals in Scotland are qualified to draft legislation. 


Answer

There is no register of people in Scotland qualified to draft legislation, neither is there a defined category of person qualified to provide these services. Therefore, the Scottish Government can only answer this question in relation to its own drafters.

The Parliamentary Counsel Office drafts all Scottish Government Bills. The Scottish Government currently has 23 parliamentary counsel (21.5 FTE). All parliamentary counsel are qualified lawyers. There are no additional special qualifications needed to be appointed as parliamentary counsel but the Scottish Government does invest heavily in training counsel in the specialist skills needed to draft primary legislation.

Lawyers within the Scottish Government Legal Directorate (SGLD) draft most Scottish Government secondary legislation, including Scottish Statutory Instruments. As of April 2024 there were 192 qualified solicitors in SGLD who may be asked to draft legislation as part of their duties.