Committee
Justice Committee 15 June 2010
15 Jun 2010 · S3 · Justice Committee
Item of business
Legal Services (Scotland) Bill: Stage 2
The Convener
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I will speak to amendment 238 and to other amendments in the group in what is likely to be this morning’s principal debate.The minister is to be congratulated on realising that there was a difficulty with the issue, and I accept that he has attempted to find a constructive solution. Having said that, I believe that the minister’s proposals do not go far enough. We probably all agree that there is an important issue around the separation of powers, which the minister has sought to remedy through his amendments. However, my arguments are largely the same as Mr Brown’s: the minister has not gone far enough.It is important to have a bulwark in the system, giving the Lord President some control over what happens under this very important heading. At last week’s meeting, I took issue with the minister when he said that these amendments would mean that the Lord President would have the power of veto and, effectively, the same powers as Scottish Government ministers. That is not quite correct because any appointments, for example, would be at the instance of the Scottish Government, and it would bring forward nominees for such appointments. The Lord President would therefore require to make a determination on the individual application, not the generality. That covers that point.There is not a great deal that divides us this morning. However, these are important issues, and I submit that the amendments in my name and in the name of Robert Brown seek to address them.
In the same item of business
The Convener
We now turn to our principal item of business, which is the second day of stage 2 proceedings on the Legal Services (Scotland) Bill. The committee’s consider...
The Convener
The first group of amendments deals with the role of the Lord President. Amendment 4, in the name of the minister, is grouped with amendments 236, 5 to 7, 23...
The Minister for Community Safety (Fergus Ewing)
Good morning. Given that the Lord President already has an array of powers in respect of individuals having rights of audience in the Scottish courts, it was...
Robert Brown
The debate is a legitimate one—there are no two ways about it—but, frankly, I do not accept the Government’s position or its explanation of the Lord Presiden...
The Convener
I will speak to amendment 238 and to other amendments in the group in what is likely to be this morning’s principal debate.The minister is to be congratulate...
James Kelly
As the convener said, this is an important debate. I support the amendments lodged by Robert Brown and the convener. As drafted, the bill vests too much powe...
Fergus Ewing
I welcome the debate, which, as Mr Brown said, is a legitimate one. I am pleased that we are having it, given the concerns that have been expressed furth of ...
The Convener
That is very helpful.Amendment 4 agreed to.Amendment 233 not moved.Section 5, as amended, agreed to.Section 6—Approval of regulatorsAmendment 236 moved—Rober...
The Convener
The question is, that amendment 236 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Brown, Robert (Glasgow) (LD)Butler, Bill (Glasgow Anniesland) (Lab) Craigie, Cathie (Cumbernauld and ...
The Convener
The result of the division is: For 5, Against 3, Abstentions 0.Amendment 236 agreed to.Amendment 5 moved—Fergus Ewing.
The Convener
The question is, that amendment 5 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Don, Nigel (North East Scotland) (SNP)Maxwell, Stewart (West of Scotland) (SNP)Watt, Maureen (North E...
The Convener
The result of the division is: For 4, Against 4, Abstentions 0.The casting vote goes in favour of Mr Ewing’s amendment, because I consider that it improves t...
The Convener
The question is, that amendment 6 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Don, Nigel (North East Scotland) (SNP)Maxwell, Stewart (West of Scotland) (SNP)Watt, Maureen (North E...
The Convener
The result of the division is: For 4, Against 4, Abstentions 0.The casting vote goes with Mr Ewing’s amendment, on the basis that it clarifies the wording.Am...
The Convener
The question is, that amendment 237 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Brown, Robert (Glasgow) (LD)Butler, Bill (Glasgow Anniesland) (Lab) Craigie, Cathie (Cumbernauld and ...
The Convener
The result of the division is: For 5, Against 3, Abstentions 0.Amendment 237 agreed to.Amendment 7 moved—Fergus Ewing—and agreed to.Amendment 238 moved—Bill ...
The Convener
The question is, that amendment 238 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Brown, Robert (Glasgow) (LD)Butler, Bill (Glasgow Anniesland) (Lab) Craigie, Cathie (Cumbernauld and ...
The Convener
The result of the division is: For 5, Against 3, Abstentions 0.Amendment 238 agreed to.Amendments 8 and 9 moved—Fergus Ewing—and agreed to.Amendment 239 move...
The Convener
The question is, that amendment 239 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Brown, Robert (Glasgow) (LD)Butler, Bill (Glasgow Anniesland) (Lab) Craigie, Cathie (Cumbernauld and ...
The Convener
The result of the division is: For 5, Against 3, Abstentions 0.Amendment 239 agreed to.Amendment 240 moved—Bill Aitken.
The Convener
The question is, that amendment 240 be agreed to. Are we agreed?Members: No.
The Convener
There will be a division.ForAitken, Bill (Glasgow) (Con)Brown, Robert (Glasgow) (LD)Butler, Bill (Glasgow Anniesland) (Lab) Craigie, Cathie (Cumbernauld and ...
The Convener
The result of the division is: For 5, Against 3, Abstentions 0.Amendment 240 agreed to.
The Convener
I point out that, if amendment 10 is agreed to, I will not be able to call amendments 241, 242 or 243, on the ground of pre-emption.Amendment 10 moved—Fergus...