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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 22 August 2025
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Displaying 502 contributions

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Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Oliver Mundell

The minister who is taking forward the bill wrote to the committee on 16 November. In relation to section 5 and some other sections, there was a suggestion that it might be possible to narrow the scope of the changes so that they are possible only at the recommendation of certain bodies.

In terms of more specific detail on what amendments might look like, we heard from the Faculty of Advocates and the Law Society that there were no amendments in relation to section 5 that would make it acceptable. If there were further amendments to the bill, would that alleviate your concerns?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Oliver Mundell

Should section 5, for example, be able to be changed only by primary legislation?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I will leave it there, convener.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

Would you recognise that what is proposed in the bill is a significant expansion of that? The mechanism in the current statute is a one-off, whereas the one that is proposed in the bill runs right through the topics that the bill covers. The range of provisions to which the mechanism applies and their potential reach are far wider than in previous legislation. Is that fair?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

Do you not think that the consent procedure is too fundamental for us to have got to this point in the process and still not be able to give a relatively high-level explanation of how it would work?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I am deeply concerned by the start to this morning’s evidence session. I had hoped, after the evidence we heard last week, that the minister would be in a better position to tell us about the way forward. I share concerns about what is a big change to the Lord President’s role, and I want to understand the situation.

It is clear that there is an uncomfortableness in the faculty and in the Law Society about the provisions, and it is clear that there are on-going discussions, to put it in its most positive sense, with the Lord President. If the power was in the bill, what would prevent negotiations and strong-arming happening to get agreement to changes to the principles or changes to regulations?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

That offers me zero reassurance. I am very proud of the Scottish legal system and of our unique traditions. Aiming to model our legal system on what happens in England and Wales is not the approach that we should be taking. We have a very different and distinct system. I am sad to hear that from a Scottish Government minister. Furthermore, I have spoken out in relation to the Scottish law officers and on politicians having less of a direct role in their involvement in the legal profession. I do not think that pointing to the situation with the UK Government is helpful in that regard.

On section 20(6), which confers a power on Scottish ministers to make regulations specifying other measures that they may take in relation to a legal regulator following a review of their regulatory performance, measures already set out in the bill include setting performance targets, imposing financial penalties and changing or removing some or all of a regulator’s regulatory functions. Last week, stakeholders told us that they were fundamentally opposed to that provision and have called for its deletion. Is there any movement on that?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I want to ask about the proposed powers for ministers in relation to the guarantee fund in schedule 1, paragraph 6. The Law Society suggested that the consultation requirement should be paired with a requirement to publish the outcome of that consultation. Does the Scottish Government have a view on that?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

Can you provide more clarity on how the Lord President’s consent provision would work in practice? What would that look like? How would stakeholders and the Parliament follow that process?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Oliver Mundell

I feel that it is a bit unfair to keep pushing an official, so I will stop there.