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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 5 May 2021
  6. Current session: 12 May 2021 to 3 August 2025
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Displaying 885 contributions

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Equalities, Human Rights and Civil Justice Committee

United Kingdom Subordinate Legislation

Meeting date: 5 December 2023

Kaukab Stewart

Good morning and welcome to the 26th meeting of 2023 of the Equalities, Human Rights and Civil Justice Committee. We have received no apologies this morning.

Our first agenda item is consideration of a type 1 consent notification for the Civil Jurisdiction and Judgments (Saving Provision) Regulations 2023. This is a proposed United Kingdom statutory instrument on which the UK Government is seeking the Scottish Government’s consent to legislate in an area of devolved competence. On 9 November 2023, the Minister for Victims and Community Safety notified the committee of the UK SI. The committee’s role is to decide whether it agrees with the Scottish Government’s proposal to consent to the UK Government in the manner that it has indicated.

I welcome to the meeting Siobhian Brown, who is the Minister for Victims and Community Safety, and her supporting officials. Simon Stockwell is head of family law policy and Stephanie Smith is a senior policy adviser on courts and tribunals. Both are from the Scottish Government’s justice directorate. Good morning and thank you for joining us.

I refer members to paper 1 and I invite the minister to make a brief opening statement.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Meghan, did you want to come in on this issue?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

We will pause that for now. I will bring you back in after Meghan Gallacher.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Thank you for answering that rather cheeky question, minister. We are all well aware that the initial stages of the bill did not happen on your watch, as it were. Thank you for taking that question regardless.

I think that we all understand that reform is difficult for any organisation. As I sit here, I have been imagining the uproar that would probably be caused among members, let alone anyone else, if there was a bill to reform the Scottish Parliament, and we have only a couple of decades of history. I understand that change and reform are difficult, especially when they are applied to a highly regarded legal profession that has been there for hundreds and hundreds of years.

I am grateful that you have taken the time to give evidence today and that you have written to us. I will take you up on your offer to communicate with us fully, because we wish to do our job correctly and make sure that the reforms are robust and proportionate. In the light of that, I will also take you up on the offer you made in your opening remarks when you mentioned your letter to me. You said that you could go through the sections in the annex and offer a bit more information on them. That would be helpful for our scrutiny, so could you do that, minister?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

I am sorry to interrupt you, minister, but we have that documentation in front of us. In the interest of time, I will stop you, as that letter has been published and it is available to the public. I simply wanted to give you the opportunity to add anything further that you wanted to say.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

I just indicated to Maggie Chapman that I wanted to come in on the complaints issue as well, to get a bit more information.

We heard evidence from the SL—I can never remember initials and I do not think that they are a good thing, as they exclude people—from the SLCC regarding the powers that it has. On the one hand it welcomed the changes, but it also argued for more powers. What consideration was given to giving the SLCC more powers?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Okay. Leanna, did you want to come in?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Okay. That is brilliant. I just wanted to check that and push as far as I could to get that commitment.

I have a final question, to which a yes or no answer will be fine. Maggie Chapman made this point but, for absolute clarity, is it the case that it is not possible for us to get sight of the amendments ahead of stage 2 because that simply does not happen?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Some reassurance has been taken from your intention to lodge amendments to remove that role, but concern has been expressed that dealing with the issue is not going to be as easy as that, because removing that provision will extensively affect other parts of the bill. Will you reassure the committee on that?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Thank you. I will kick us off.

You will have seen the evidence that we have taken from a wide range of stakeholders, including the senators of the College of Justice, who were here last week. I would like a response from you about the issues that were raised by witnesses regarding the powers that the bill will give to the Scottish ministers that might threaten the independence of the legal profession and the judiciary. For instance, I am sure that you will have seen Lady Dorrian having been extensively quoted as saying that she felt that the provisions were “constitutionally inept”. What is your response to that?

10:00