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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Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
There are 21 delegated powers in the bill. We have focused our questions on nine of them, which were those that have focused the minds and attention of stakeholders in the legal sector. However, the committee will report on all the delegated powers in the bill to the lead committee to help to inform its stage 1 considerations. You will be aware of an additional written submission from the Law Society giving additional views on some of the other delegated powers. Do you wish to make any final comments on any of the other delegated powers that are contained in the bill?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Under agenda item 3, we are considering three instruments subject to the affirmative procedure. An issue has been raised on the following instrument.
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Under item 2, the committee will take evidence on the Regulation of Legal Services (Scotland) Bill from Siobhian Brown, the Minister for Victims and Community Safety. The minister is accompanied by two Scottish Government officials: Jamie Wilhelm, who is the legal services regulation reform manager, from the justice directorate; and Leanna MacLarty, who is a solicitor from the legal directorate. Good morning to you all.
I remind all attendees not to worry about turning on their microphones as broadcasting will deal with that. I invite the minister to make some opening remarks.
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Okay. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Thank you very much for that, minister.
I thank the minister and her officials for their evidence. The committee may follow up in writing if we have any additional questions that arise from the meeting.
I will suspend the meeting to allow the witnesses to leave the room.
10:15 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Just for clarification, Mr Mundell is referring to section 20(6)—that is subsection 6 of section 20—not section 26.
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Welcome to the 30th meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from Mercedes Villalba. I remind everyone to switch their mobile phones and other electronic devices to silent.
The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to do so?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
That concludes the public part of today’s meeting.
10:20 Meeting continued in private until 10:53.Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Thank you, minister. Section 5 of the bill gives the Scottish ministers the power to modify the regulatory objectives and professional principles for legal services that are set out in sections 2 to 4 of the bill. The committee heard evidence from the Law Society of Scotland and from the Faculty of Advocates that that provision should be removed from the bill. Their reasons included that it is, in their opinion, unforeseeable why or when those objectives and principles would require to be modified and that, if that were necessary, such objectives and principles are too important to be modified by secondary legislation.
What are your thoughts about those observations? Can you give the committee any examples of when it might be necessary to modify those objectives and principles?
09:30Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Stuart McMillan
Also under this agenda item, no points have been raised on the following instruments.