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We recognise the importance of, and commit to maintaining, the regulatory objectives and professional principles. In order to strengthen the safeguards, we intend to introduce amendments that would require the Lord President’s consent to be gained before any changes are made to the regulatory objectives or the professional principles, or to how they apply. We are also considering amendments that would limit the scope of how any such changes may be sought by limiting that to being done only at the request of certain bodies, such as the regulators or the consumer panel of the Scottish Legal Complaints Commission.

The regulation-making power is an important mechanism to future-proof the regulatory framework, in recognition of the fact that regulatory best practice may change over time. Since the introduction of the regulatory objectives and professional principles under the Legal Services (Scotland) Act 2010, it has become apparent that they can be strengthened by the inclusion of consumer principles and better regulation principles, as recommended by Esther Roberton. The Scottish Government also views the human rights principles of participation, accountability, non-discrimination, empowerment and legality—the PANEL principles—as an important addition.

In the next 10-year period, it may become apparent that further refinement is required; therefore, the bill allows for such flexibility. It is possible that the consumer principles or the better regulation principles will be updated in the next decade, and we would wish the bill to respond to any such changes. That happened in the eight years between the introduction of the legislation and Esther Roberton’s report, when there was a need to update the objectives and principles.

I am confident because, as you will have noted in relation to the amendments that I have talked about today, we are trying to remove the role of ministers from the bill and design the process so that there will be no Government interference.

We are still working through the detail on that, but we will take on board any recommendations from the committee, if it makes any in relation to schedule 1, paragraph 6.

I have to agree to disagree with Mr. Mundell. There are no people feeling uncomfortable here. I have been listening since before the bill was introduced. That is the reason why officials are engaging with sector stakeholders and the judiciary on how we move forward with the bill and bring a balance to the issues that have been raised thus far. The Scottish Government is considering the options for amendments and reflecting the views of stakeholders, including the senior judiciary, with the intention of building a consensus around the reform.

We have indicated an intention to make amendments and we are working on developing them in the meantime. We are aware of the importance of the stage 1 parliamentary process in drawing out all stakeholders’ views and of the committee’s consideration of the bill. We have had constructive engagement with the senior judiciary and their officials to build consensus around the best approach to the detailed provisions. The planned changes to the bill will take time to work through. However, as we go through the different sections I will provide the committee with information on what our current proposals are.

Yes, we have been having conversations, which are on-going. I will bring in my officials at this point.

I will bring in Leanna MacLarty.

Good morning, convener, and good morning, committee. Thank you for the opportunity to speak to the committee about the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No 4) Regulations 2023.

The instrument has been brought forward to deliver changes to existing legal aid regulations, primarily to ensure continuing access to justice in Scotland. It makes provision to ensure that legal advice and assistance will be available to persons arrested under section 27 of the National Security Act 2023. Schedule 6 of that act will, if commenced, create a procedural framework for the arrest of persons reasonably suspected to be involved in “foreign power threat activity”.

Current provision for legal advice and assistance does not cover all the circumstances of detention for such activity, and the regulations will make further provision to ensure that an appropriate regime is in place so that advice and assistance by way of representation can be provided to persons arrested under these provisions in the 2023 act. Without additional provision, there is a risk of persons arrested under the 2023 act being unable to access legal advice, assistance or representation. Similar provision is already in place for those detained under anti-terrorism legislation.

The instrument will also make provision for any carer support payment to be disregarded by the Scottish Legal Aid Board when assessing a person’s financial eligibility for civil legal aid, or children’s legal assistance, and for such payments to be excluded from the recovery where a person has a liability to the Scottish legal aid fund as a result of civil legal aid proceedings. Carer support payment is intended to improve outcomes for unpaid carers by providing financial assistance to those providing regular and substantial care to someone in receipt of a qualifying disability benefit.

Finally, the instrument makes minor amendments and corrections to regulations relating to counsel fees in respect of civil and criminal legal aid.

Convener, that was a brief overview of the regulations and their context. I am happy to answer questions.

Thank you, convener, and good morning. The draft regulations will, if passed, amend the First-tier Tribunal for Scotland Local Taxation Chamber and Upper Tribunal for Scotland (Composition) Regulations 2023, the Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993 and the Council Tax Reduction (Scotland) Regulations 2021.

A suite of regulations to effect the transfer of functions of the council tax reduction review panel and the valuation appeal committees to the local taxation chamber of the First-tier Tribunal for Scotland came into force on 1 April 2023. At the same time, some limited functions of the Lands Tribunal for Scotland were transferred to the Upper Tribunal. They related to non-domestic rates valuation appeals and referrals. Prior to the transfer of functions, those appeals or referrals were from the valuation appeal committees.

The draft regulations amend the composition of the Upper Tribunal when it hears appeals or referrals from the local taxation chamber. They align the composition of the Upper Tribunal when it hears valuation rating appeals with its composition when it hears all other appeals.

The draft regulations also amend the timescales that are set out in the Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993. Prior to the transfer of functions, an assessor had six months in which to carry out certain functions when they were of the opinion that a proposed alteration of a council tax valuation band was not well founded. That time period was substituted in transfer regulations to create a period of six weeks. Following representations from stakeholders, there are concerns that that timeframe is overambitious, so the draft regulations will amend it back to six months.

The draft regulations also make a consequential amendment to regulation 94 of the Council Tax Reduction (Scotland) Regulations 2021.

The president of the Scottish tribunals was consulted with regard to the regulations, in line with the requirements of the Tribunals (Scotland) Act 2014. I understand that the Delegated Powers and Law Reform Committee considered the draft regulations on 30 May and was content with them.

I am happy to answer any questions, convener.

My understanding is that it will be sent to the SLC, but Michael Paparakis might have more to say on that.

You have raised some valid points and I am happy to take that into consideration.