The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Equalities, Human Rights and Civil Justice Committee
Meeting date: 21 November 2023
Kaukab Stewart
I am glad that you have brought that issue up again. We have heard representations—indeed, I have had members of the public and constituents speak to me about this—on public trust and faith in a system in which professional bodies investigate their own members’ conduct. It is hard enough for an average citizen to navigate the legal profession as it is, let alone make a complaint against one of its members, and when they do make a complaint, they find that the same professional body is investigating it. I am glad that the issue has been raised again.
I believe that my colleague Karen Adam would like to come in on the theme of complaints.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 21 November 2023
Kaukab Stewart
Thanks, Fulton. We will perhaps not open the question to all seven members of the panel. Is there anybody on the panel who would particularly like to come in on that? Rachel Wood wants to speak. Is there anyone else? Okay, go for it, Rachel.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 21 November 2023
Kaukab Stewart
Thank you. We have heard you. That concludes our formal business and I thank all the witnesses for attending. We will consider the remaining items on our agenda in private.
11:24 Meeting continued in private until 11:33.Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
Good morning, and welcome to the 23rd meeting in 2023 of the Equalities, Human Rights and Civil Justice Committee, in session 6. We have received no apologies this morning.
Our first agenda item is the third evidence session on the Regulation of Legal Services (Scotland) Bill. I refer members to papers 1 and 2. Members will note that the further correspondence that we have had with the Minister for Victims and Community Safety is in annexes B to D of paper 1. The Delegated Powers and Law Reform Committee took evidence from the minister at its meeting last week and has subsequently written to the Lord President of the Court of Session for his thoughts on potential changes to the delegated powers provision in the bill. That letter is in annex E of paper 1. The DPLR Committee expects to report to this committee in advance of our evidence session with the minister on 5 December.
I welcome to this morning’s meeting Rosemary Agnew, who is the Scottish Public Services Ombudsman; Colin Bell, who is chair of the Scottish Solicitors’ Discipline Tribunal; and Neil Stevenson, who is chief executive of the Scottish Legal Complaints Commission. You are all very welcome.
I invite each of our witnesses to make brief opening remarks, should they wish to. I start with that offer to Rosemary Agnew.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
Would you like to share it?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
I will bring in my colleague Annie Wells, who is joining us online, this morning.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
Annie, do you have any supplementary questions?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
I will bring in Maggie Chapman to pursue that line of questioning.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
Okay. Thank you for that.
Rosemary Agnew, what is your view on powers for professional organisations to investigate complaints on their own initiative where they arise from their regulatory monitoring systems?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 14 November 2023
Kaukab Stewart
Okay. Thank you.
There are proposals in the bill to give the SLCC new rule-making powers with the aim of improving complaints procedures. Is that an appropriate way to improve procedures, or should there be more detail in the bill? For example, we know that mediation is not compulsory, but should it be? It will be interesting to hear views on that. I will come to Rosemary Agnew first and then Neil Stevenson. Colin Bell, feel free to indicate if you wish to come in at any time.