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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 10 December 2024
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Displaying 745 contributions

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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

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: 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  

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.