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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

Thank you, minister. Do members have any questions?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

We would be very grateful for an indication of the intent, which I believe that we are entitled to have.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

You referred to the letter that you wrote to me, which says that you aim to finalise the amendments “early next year”. I need a bit more detail and a bit more reassurance, because we are in December and next year is not far away. An extensive task lies ahead of you and your officials. Does the Government have a more specific deadline?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

It was regarding an evidence session where we heard from the SLCC about the issues around getting information. Depending on the complexity of the complaint, the information that the SLCC requested could come back in seven days but sometimes it would be 21 days or 28 days. It was about making that better for the consumer—for the complainant.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Yes, that is fine.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

Okay.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Kaukab Stewart

I understand what you are saying about removing the Scottish ministers’ role, which you have said you will do. We have heard evidence about the differences between the positions in England and in Scotland. I understand that the Legal Services Board in England is accountable to the United Kingdom Lord Chancellor, who is also the Secretary of State for Justice, which is a political role. Will you confirm that such an arrangement will not be replicated in Scotland?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Kaukab Stewart

I have a final question before I bring Karen Adam in on that theme. I am interested in how the Lord President takes the views of consumers into account when he is carrying out his regulatory functions. For example, are there any formal processes to ensure that consumer views are considered in addition to the views of the legal profession?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Kaukab Stewart

Good morning, and welcome to the 25th meeting in 2023 of the Equalities, Human Rights and Civil Justice Committee. We have no apologies this morning.

Our first agenda item is our fifth evidence session on the Regulation of Legal Services (Scotland) Bill. We have two panels of witnesses this morning. We are privileged to welcome senators of the College of Justice for our first panel. The Rt Hon Lady Dorrian is the Lord Justice Clerk, who is the second most senior judge in Scotland. She was appointed as a temporary judge in 2002, and she became a judge in the supreme courts in 2005. She was appointed Lord Justice Clerk in 2016. She sits in the inner house of the Court of Session, and she is the president of the second division of the inner house.

The honourable Lord Ericht was appointed as a judge of the supreme courts in 2016. He sits in the outer house of the Court of Session and also presides over trials in the High Court of Justiciary. He is also a chair of the United Kingdom Competition Appeal Tribunal.

We are grateful to both of you for giving up your time to speak to us today.

We are aware of the concerns that have been expressed by the senior judiciary with regard to the bill in response to our call for views and in correspondence with the Delegated Powers and Law Reform Committee. We will seek to explore those concerns in depth this morning.

We have also noted the DPLR Committee’s report, which was published last Thursday, and we have written to the Minister for Victims and Community Safety to seek more detail from her on what impact any potential changes to the bill might have and whether they would alleviate and address the concerns that have been expressed.

We expect Oliver Mundell from the DPLR Committee to attend today’s meeting as soon as his committee has concluded its business.

I refer members to papers 1 and 2, and I invite Lady Dorrian to provide an opening statement on behalf of the senators of the College of Justice.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Kaukab Stewart

We are nearing the end of this evidence session. If any committee member wishes to clarify anything with Lady Dorrian while she is with us, this is the moment for them to do so.