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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 7 February 2026
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Displaying 1625 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

No—it is all just on social media, and it is very hard to collect data from social media. Jim Wilson might have something to add.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes. I do not agree with Mr Findlay’s perception of how things have come about, but I agree that community safety is paramount. However, we find ourselves with rushed legislation.

10:30  

In an ideal world, the UK Government would have got in touch with the Scottish Government to say, “Look—these are our proposals; let’s work together”, and it would have done the same with Wales and Northern Ireland too, but that is not the way that it happened.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

We had no detail in mid-September. Even the UK Government did not have the detail then.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I thank Miss Wells for her answer—sorry, her question.

Certain stakeholders, such as the Competition and Markets Authority, support the removal of a minimum ownership requirement entirely, while other stakeholders, including some legal firms, favour retaining the current rule of 51 per cent ownership by regulated professionals, so there was a divergence of views. In the response to the Scottish Government consultation, just over half—52 per cent—of respondents agreed that the 51 per cent majority stake rule for licensed legal services should be removed, compared with 48 per cent who disagreed. Some stakeholders have shifted their view on the issue slightly since the Scottish Government consultation, but our approach in the bill is to seek to strike a balance between the two views.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I will bring in my officials, as they have that history.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

Yes, convener. The first section that has been highlighted with regard to ministerial powers is section 5, which allows for the regulatory objectives and professional principles to be amended to update them to reflect regulatory best practice. It was included in the bill in response to calls from stakeholders for a permissive and enabling framework of primary legislation that would be flexible enough to respond to future changes in the legal services market by allowing future amendments through secondary legislation. The Scottish Government will, however, accept the recommendation from the Delegated Powers and Law Reform Committee that the bill be amended to remove section 5, and we will lodge an amendment to that effect at stage 2.

The next section is section 8, on the creation of a category system for regulators. It seeks to create an inherent requirement for flexibility to respond to any changes or proposed changes to how a regulator operates or in its membership numbers, and it is intended to future proof the regulatory framework. The Scottish Government acknowledges that the DPLR Committee has recommended that the bill be amended to remove section 8 from the bill. Paragraphs (b), (c) and (d) of section 8(5) are necessary to ensure that the bill accurately reflects any changes to the regulatory framework in respect of new accredited regulators receiving approval, any regulator ceasing to operate or a change in a regulator’s name, as recently evidenced with the name change of the Association of Construction Attorneys.

We will—

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I recognise a significant problem for the SLCC with regard to the fact that, each year, more than 300 solicitors do not respond to the request for files. We are working with the SLCC and looking at amendments to strengthen the bill so that it gets the information that it needs. Leanna MacLarty might want to come in on that.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

I am open to any considerations that the committee would like to suggest at stage 1. However, at the moment, we are striking a balance with the powers that the SLCC already has. Was it regarding something in particular?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

Over a quarter of solicitors do not respond when the SLCC requests their files, so we are working with the SLCC to see how we can strengthen the bill to ensure that the SLCC gets the information that it needs.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Siobhian Brown

We hope to have the amendments agreed by the new year. I will share the information with the committee, but we hope for agreement in the new year.