Committee
Justice Committee, 12 Jan 2010
12 Jan 2010 · S3 · Justice Committee
Item of business
Legal Services (Scotland) Bill: Stage 1
I am pleased that you have raised that issue with me. The answer is that I am satisfied. A number of issues have been raised relating to possible problems with EU law, which supports member states' ability to put restrictions on regulated professions where necessary to ensure independence, impartiality and compliance with relevant principles. I am aware that specific arguments have been put by those who have taken the trouble to make submissions to the committee—submissions that we also value. I understand that Walter Semple, for example, who is a solicitor who has taken a profound and deep interest in all these matters, has made particular arguments. We considered such arguments most carefully prior to submitting the bill to the Presiding Officer. As you know, various in-house checks are carried out by our legal team, with the law officers, at a meeting on the bill. The bill is then submitted first to the First Minister and secondly to the Presiding Officer. At each and every stage, we have to be satisfied that the bill is compliant with EU law, and we are so satisfied. However, if it would be helpful to the committee—it might save committee members time today—we would be more than happy to assist members by setting out in a letter responses to some of the specific and fairly detailed, not to say arcane, arguments that have been made. Alternatively, I could invite Leigh-Anne Clarke to provide more information, should the committee so wish.
In the same item of business
The Convener:
Con
Item 2 also relates to the Legal Services (Scotland) Bill and is the main item of business this morning. I welcome Fergus Ewing, the Minister for Community S...
The Minister for Community Safety (Fergus Ewing):
SNP
Good morning, convener and committee members. I begin by declaring that I am a Scottish solicitor, but I am not in practice.At the heart of the bill is the r...
The Convener:
Con
Thank you for your useful introduction. I certainly do not think that we want to do anything about rights of audience until the Thomson report, which follows...
Fergus Ewing:
SNP
Several factors have driven the case for reform. The committee is aware of the history, which is fully canvassed in the policy memorandum to the bill. In Eng...
The Convener:
Con
Given that the Westminster Government introduced the financial services act south of the border some years ago, what would be the impact of our not passing a...
Fergus Ewing:
SNP
I presume that you are referring to the Legal Services Act 2007, not the financial services act.
The Convener:
Con
Sorry—yes.
Fergus Ewing:
SNP
One facet that has emerged from almost all the evidence is that not passing the bill presents some very real risks for the Scottish legal profession. If we d...
The Convener:
Con
You may think that it is strange that I am raising this issue at this stage in the proceedings, bearing it in mind that the bill has been certified by both t...
Fergus Ewing:
SNP
I am pleased that you have raised that issue with me. The answer is that I am satisfied. A number of issues have been raised relating to possible problems wi...
The Convener:
Con
It would be useful if you could give us a written representation on that heading.
Fergus Ewing:
SNP
Thank you.
The Convener:
Con
We now turn to questions surrounding access to justice, which will be led by Stewart Maxwell.
Stewart Maxwell (West of Scotland) (SNP):
SNP
Good morning, minister. You said in your opening remarks that a number of witnesses have submitted evidence to the committee in which they express concern ab...
Fergus Ewing:
SNP
My response is on a number of levels. First, to ensure that access is available to those who are perhaps most vulnerable and those whose problems may involve...
The Convener:
Con
You will have that opportunity shortly.
Stewart Maxwell:
SNP
We will come on to the issue of regulation in more detail shortly.The minister mentioned that the amount of legal aid work has increased. It has been express...
Fergus Ewing:
SNP
Arithmetically, the argument is correct, because 600 divided by 10,000 is 6 per cent—I am no mathematician, but I think that that is correct. I said earlier ...
Stewart Maxwell:
SNP
I hear what the minister is saying, but I have a final question. Although the legal services market is not directly comparable to many other areas of life in...
Fergus Ewing:
SNP
I do not think so. I really do not think that the areas of law that we are talking about are likely to be of great interest to supermarkets. As the member en...
Colin McKay (Scottish Government Constitution, Courts and Law Directorate):
I was not sure whether the 600 to which Mr Maxwell referred were 600 individuals or 600 firms.
Stewart Maxwell:
SNP
I think that the minister used the figure 619.
Colin McKay:
If it was 600 firms, that would not be comparable with 10,000 individual solicitors, because firms would have more than one—
Fergus Ewing:
SNP
I was quoting Tom Murray, who referred to 619 registered civil firms.
Colin McKay:
So it is not quite such a fragile—
The Convener:
Con
It could be much higher.
Colin McKay:
Absolutely.More generally, a lot of access to justice issues were looked at in a fairly major review that was undertaken a few years ago. One of the review's...
Robert Brown (Glasgow) (LD):
LD
I am intrigued by the suggestion that the bill will have advantages in social welfare law. To be frank, it seems to me that if, for example, one were to cons...
Fergus Ewing:
SNP
The bill's primary purpose is not to tackle that problem, as I have already said. I hope that members agree that the provisions in the bill that directly app...
Robert Brown:
LD
I would like to avoid doubt about the motivation for the bill and its general purpose and direction. You have given a clear view of the position that would a...