Meeting of the Parliament (Hybrid) 03 December 2020
I am pleased to open the final stage debate on the Solicitors in the Supreme Courts of Scotland (Amendment) Bill. I thank my colleagues on the private bill committee—Bill Bowman, who was the deputy convener, Daniel Johnson and John Mason—for their work.
The bill was introduced on 26 September 2019, and is being promoted by the Society of Solicitors in the Supreme Courts of Scotland—the SSC Society. The bill passed its preliminary stage on 19 August 2020 and completed its consideration stage on 7 September 2020.
If Parliament passes the bill today, it will give the SSC Society powers to wind itself up and to create new types of membership. It will allow members of the society to resign, abolish the offices of librarian and fiscal, and rename the widows fund as the dependents fund, as well as close that fund to new members, or close it completely.
As members will recall from the preliminary stage debate, the benefits of membership of the society today include access to the society’s building at Parliament house in Edinburgh, use of a legal library and members’ lounge, and membership of the widows fund, which is renamed the dependents fund by the bill.
The society currently has about 220 members located throughout Scotland, and is run by five office bearers and a council of six members. Over recent years, demographic changes in the membership have meant that the society now finds itself with a predominantly older and retired membership, with fewer younger members joining. Apparently, that is not unusual for such societies nowadays. Therefore, there is concern that a dwindling number of members might one day find themselves in a position in which the society, or the dependents fund, needs to be wound up, but they do not have the powers to do so.
One of the objectives of the bill is to enable the society to attract new members and to create different forms of membership, such as corporate membership, trainee membership and associate membership. It is hoped that that will encourage younger members of the legal profession to join the society. When it is possible to do so, new members will be able to make use of the library and facilities at the society’s building in Parliament Square, albeit that that is not possible in the current circumstances.
At the preliminary stage, the committee questioned whether there was the possibility of a sudden influx of corporate or associate members, who might then disagree with a decision that was taken by the small group of remaining full society members. The promoter explained that it would be clear from the outset, and in the bill, that those new members would not have voting rights.
The bill also contains a provision that would give members the ability to resign their membership, unconnected from any disciplinary matters or retirement. At present, if a member fails to pay their membership fees for two years, their membership automatically ceases. However, we heard from the promoter that it is an “unwieldy process”, and that allowing members to resign their membership would be useful.
Part of the committee’s role has been to assess whether the bill will actually achieve its objectives. The committee undertook a thorough examination of the bill at the preliminary stage. We considered the purpose of the bill and whether it would give the society the powers that it requires. We also considered whether the bill should proceed as a private bill.
One of the interesting aspects of being involved with the bill has been in gaining an understanding of how private bills differ from the public bills that are scrutinised by Parliament. For a private bill, the committee is required to satisfy itself on two points: that the bill conforms to the definition of a private bill as set out in standing orders, and that the accompanying documents conform to standing orders and are adequate to allow proper scrutiny of the bill.
On 17 December 2019, the committee therefore held an evidence session with the society’s office bearers and their drafting adviser. During the committee’s evidence session with the promoter, the office bearers emphasised from the outset that they do not expect to wind up the fund or the society any time soon. However, they wish to have the mechanisms in place, in case they are required in the future, so that winding up can proceed in an orderly fashion. It is understandable that the current office bearers wish to avoid leaving members with the prospect of having to raise an urgent action before the Court of Session.
The committee asked about how winding up of assets would work, and questioned whether the procedures for closing the newly named dependents fund and for winding up the society are robust enough. My committee colleagues will provide more detail on the amendments that were made at consideration stage, which strengthened the bill.
The committee’s preliminary stage report, which was published on 15 January 2020, covers in some detail our questions about and recommendations on the bill. That was reflected in the preliminary stage debate, which was held on 19 August. The bill passed the preliminary stage when, in line with the committee’s recommendation, Parliament agreed to the general principles of the bill and agreed that it should proceed as a private bill.
As no objections were lodged during the initial 60-day objection period, the committee turned at consideration stage straight to amendments. I lodged 11 amendments on the promoter’s behalf, which all addressed recommendations in the committee’s preliminary stage report. My committee colleagues will touch on other aspects of our work on the bill, including consideration stage amendments.
I conclude by stating that the committee recommends that Parliament agrees that the bill be passed.
I move,
That the Parliament agrees that the Solicitors in the Supreme Courts of Scotland (Amendment) Bill be passed.
15:42