Chamber
Plenary, 14 Dec 2006
14 Dec 2006 · S2 · Plenary
Item of business
Legal Profession and Legal Aid (Scotland) Bill
Like Kenny MacAskill, I recognise the fact that the bill has been a long time in the making. I thank the parliamentary committees—not just in this Parliament, but in the previous Parliament—for all their work in bringing the bill to fruition. I also commend the committee clerks for their hard work in ensuring that business was conducted sensibly and timeously.
I thank in particular the bill team, who have done a tremendous amount of work. As has been mentioned, the bill team leader, Andrew Dickson, unfortunately took ill during the preparation of the bill and, after a short illness, sadly passed away. I am sure that the chamber will want to send condolences to his wife, Wilma, and his family in advance of the funeral tomorrow. Thanks are also due to Louise Miller for stepping in to lead the bill team and bring the bill here today.
Thanks should also go to the former Deputy Minister for Justice, Hugh Henry, who pursued various issues in the bill with zeal and passion, and to Johann Lamont for coming to a complex and technical bill at a late stage. However, it was pretty much certain that anybody who could manage the Planning etc (Scotland) Bill would be able to manage this one.
It is important to recognise that we are generally served well by members of the legal profession. The number of complaints about the services that they provide is very low in the context of the overall volume of business that they transact on behalf of their clients. It is largely thanks to the profession that Scotland enjoys such a high international reputation for a justice system that is based on fairness and integrity.
Nevertheless, we know that things go wrong, and not just from the letters in John Swinney's mailbag, over which we have had robust exchanges concerning specific cases, and from the examples that have been brought to me by other MSPs from their casework. The Galloway Gazette, the local newspaper in the south-west of Scotland, also undertook a campaigning role at one stage in the process. That is why we have produced a bill that will create an independent commission chaired by a non-lawyer and with a non-lawyer majority. That will give consumers confidence that they are represented where it matters most—at the decision-making level.
It is important that the legal profession and its clients will now have the opportunity to form a true partnership in which they can work together to resolve disputes at the local level. The bill encourages lawyers and their clients to resolve problems at source. When that has not been possible, the commission will provide a quick, user-friendly and fair system of complaints handling.
We have had a robust debate about the bill's ECHR compliance. We have listened carefully, as we always do. As justice ministers, we have prided ourselves on ensuring that we have listened to Parliament. I am confident that the bill is ECHR compliant and that our amendments reinforce the commission's impartiality and independence, particularly through including a procedure for appeal on restricted grounds against a commission decision. That was a sensible way forward that will achieve the correct balance.
The bill will change several aspects of legal aid. I hope that people will in particular welcome the progress that Johann Lamont talked about on the new network of solicitors whom the Scottish Legal Aid Board will employ to provide civil legal assistance where gaps exist in private practice. As Kenny MacAskill said, we will need to consider other issues in due course. That is for another time.
I am glad that we have reached consensus on the bill in Parliament. That sends a strong and powerful message to the legal profession and to consumers that they can have confidence in what we are doing and we will have confidence that they will make progress. I hope that that support will be translated into votes.
I thank in particular the bill team, who have done a tremendous amount of work. As has been mentioned, the bill team leader, Andrew Dickson, unfortunately took ill during the preparation of the bill and, after a short illness, sadly passed away. I am sure that the chamber will want to send condolences to his wife, Wilma, and his family in advance of the funeral tomorrow. Thanks are also due to Louise Miller for stepping in to lead the bill team and bring the bill here today.
Thanks should also go to the former Deputy Minister for Justice, Hugh Henry, who pursued various issues in the bill with zeal and passion, and to Johann Lamont for coming to a complex and technical bill at a late stage. However, it was pretty much certain that anybody who could manage the Planning etc (Scotland) Bill would be able to manage this one.
It is important to recognise that we are generally served well by members of the legal profession. The number of complaints about the services that they provide is very low in the context of the overall volume of business that they transact on behalf of their clients. It is largely thanks to the profession that Scotland enjoys such a high international reputation for a justice system that is based on fairness and integrity.
Nevertheless, we know that things go wrong, and not just from the letters in John Swinney's mailbag, over which we have had robust exchanges concerning specific cases, and from the examples that have been brought to me by other MSPs from their casework. The Galloway Gazette, the local newspaper in the south-west of Scotland, also undertook a campaigning role at one stage in the process. That is why we have produced a bill that will create an independent commission chaired by a non-lawyer and with a non-lawyer majority. That will give consumers confidence that they are represented where it matters most—at the decision-making level.
It is important that the legal profession and its clients will now have the opportunity to form a true partnership in which they can work together to resolve disputes at the local level. The bill encourages lawyers and their clients to resolve problems at source. When that has not been possible, the commission will provide a quick, user-friendly and fair system of complaints handling.
We have had a robust debate about the bill's ECHR compliance. We have listened carefully, as we always do. As justice ministers, we have prided ourselves on ensuring that we have listened to Parliament. I am confident that the bill is ECHR compliant and that our amendments reinforce the commission's impartiality and independence, particularly through including a procedure for appeal on restricted grounds against a commission decision. That was a sensible way forward that will achieve the correct balance.
The bill will change several aspects of legal aid. I hope that people will in particular welcome the progress that Johann Lamont talked about on the new network of solicitors whom the Scottish Legal Aid Board will employ to provide civil legal assistance where gaps exist in private practice. As Kenny MacAskill said, we will need to consider other issues in due course. That is for another time.
I am glad that we have reached consensus on the bill in Parliament. That sends a strong and powerful message to the legal profession and to consumers that they can have confidence in what we are doing and we will have confidence that they will make progress. I hope that that support will be translated into votes.
In the same item of business
The Deputy Presiding Officer (Murray Tosh):
Con
The next item of business is a debate on motion S2M-5223, in the name of Cathy Jamieson, that Parliament agrees that the Legal Profession and Legal Aid (Scot...
The Deputy Minister for Justice (Johann Lamont):
Lab
I thank the Justice 2 Committee for its thorough consideration of the Legal Profession and Legal Aid (Scotland) Bill. A number of refinements were made to th...
The Deputy Presiding Officer:
Con
I am minded to accept a motion without notice to bring forward decision time to 5.30 pm.
Motion moved,
That, under Rule 11.2.4 of Standing Orders, Decision Time on Thursday 14 December be taken at 5.30 pm.—Ms Margaret Curran.
Motion agreed to.
Mr Kenny MacAskill (Lothians) (SNP):
SNP
I pay tribute to the minister's endeavours today. I concur with the tribute that the minister paid to everyone in the bill team.The bill has been a long time...
Mr David Davidson (North East Scotland) (Con):
Con
I joined the Justice 2 Committee as convener on day 1 of stage 2 of the bill, which gave me a real introduction to the trenches in the front line—I had to re...
Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):
LD
I will refer to the debate at stage 1 and to the committee's stage 1 report. The main areas of consideration at that stage have been substantially addressed,...
Bill Butler (Glasgow Anniesland) (Lab):
Lab
I record my appreciation of the sterling support that the clerking team and the Scottish Parliament information centre have given the committee.No one would ...
Mr John Swinney (North Tayside) (SNP):
SNP
I thank the Government for introducing the bill and the ministers for steering it through Parliament. I imagine that the volume of correspondence that I have...
Colin Fox (Lothians) (SSP):
SSP
As other members have said, there were many issues for the Justice 2 Committee to consider in scrutinising this 80-page bill, which was probably dwarfed by t...
Bill Aitken (Glasgow) (Con):
Con
The fact that the bill is a completely different animal from what appeared at stage 1 is a good advertisement for the parliamentary process. I pay tribute to...
Mr Stewart Maxwell (West of Scotland) (SNP):
SNP
I add my thanks to those of other members who were on the Justice 2 Committee during stages 1 and 2. I thank the clerks and my fellow committee members, who ...
The Minister for Justice (Cathy Jamieson):
Lab
Like Kenny MacAskill, I recognise the fact that the bill has been a long time in the making. I thank the parliamentary committees—not just in this Parliament...