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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 4 May 2021
  6. Current session: 13 May 2021 to 24 February 2026
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Displaying 1529 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Before Morag Ross comes in, I note the caveat that the Lord President would have to give consent. Does that not give you any comfort?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

I turn to section 41(2) and (6). The latter, for example, gives the Scottish ministers regulation-making powers to allow category 1 regulators to extend the scope of the authorising and regulating legal businesses rules. What are your reflections on the scope of the powers in those subsections, including whether they should be necessary in practice?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Ms Wood, will you clarify something that you said? I think that you said that, if the provision in section 41(6) is to be included, any changes should be subject to primary legislation. I might have missed what you said with regard to section 41(2). I appreciate that you do not want that provision at all, but, if it is included, should any changes be made through primary legislation or should that be done through regulations? Is there no way that we can make section 41(2) acceptable to the Law Society?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Good morning, and thank you for coming, Esther. You dealt with some of this in your opening answer, but what is your view on the Regulation of Legal Services (Scotland) Bill, which the Government has introduced? Perhaps you could concentrate on the delegated powers aspect.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

That is helpful. Just to push you slightly, do you think that there should be any delegated powers?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Okay—thanks.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

I would like to go into policy, but as I cannot, I will steer away from that and not ask any more questions.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Section 20(6) of the bill confers a power on the 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. Do you have any concerns regarding the delegation and scope of that power?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Perhaps I can play devil’s advocate for a moment. What we are doing is looking at how this will happen. As Rachel Wood has said, the Government could do this through primary legislation but, as a result, the safeguard of the Lord President would not apply—the matter would simply be for the Parliament to decide. I understand the principle that you do not want this to happen, but from a delegated powers perspective, is it the case that, if it were to happen, you would want it to happen through primary legislation rather than through delegated legislation, because of the scrutiny issue? Is that right?

Social Justice and Social Security Committee

Pre-budget Scrutiny 2024-25

Meeting date: 5 October 2023

Jeremy Balfour

It is a quick supplementary, convener.

Here in Edinburgh, we have had issues with breakfast care and after-school care not having the appropriate support for disabled people. Presumably, therefore, the provision that you are talking about is not just for the under-fives—we have to look at provision where parents require appropriate support for disabled children who go to mainstream schools. That will need to be financed properly as well.