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Committee

Equalities, Human Rights and Civil Justice Committee 28 January 2025

28 Jan 2025 · S6 · Equalities, Human Rights and Civil Justice Committee
Item of business
Regulation of Legal Services (Scotland) Bill: Stage 2
Chapman, Maggie Green North East Scotland Watch on SPTV

I thank the minister for the engagement that we have had on my amendments 539 and 540 in this group. The substantive amendment is 540, and amendment 539 would enable it to happen. I also thank the consumer panel and the SLCC for their correspondence on the issue, and I note their strong support for the amendments.

The consumer panel remains concerned that there is not always clarity about what would be sufficient resourcing, and it is looking to similar panels elsewhere that have funding and where there is administrative and secretariat support. There needs to be an on-going conversation between the SLCC and the consumer panel to ensure that there is a shared understanding on that. I would welcome hearing the minister’s view on that in her closing speech.

Amendments 539 and 540 will help to ensure that there is funding for the consumer panel to do the work that it needs to do. We need to ensure that the funding is sufficient and transparent. The panel is concerned that it might be seen as optional and discretionary, so we need a clear statement on that this morning. We have heard from the minister that it is the Scottish Government’s intent that the panel be adequately funded to do the job that it needs to do, and that is the committee’s intent, too.

I ask colleagues to support the two amendments in my name. I will support the other amendments in the group, which are in the name of the minister.

In the same item of business

The Convener (Karen Adam) SNP
Good morning, and welcome to the third meeting in 2025, in session 6, of the Equalities, Human Rights and Civil Justice Committee. We have received apologies...
The Convener SNP
Amendment 312, in the name of the minister, is grouped with amendments 335 to 346, 438 to 441, 538, 443 to 447, 539, 448, 540, 467, 499 and 523. I point out ...
The Minister for Victims and Community Safety (Siobhian Brown) SNP
Good morning, convener and committee members. The first set of amendments in the group relates to the Scottish Legal Complaints Commission and is the outcome...
Maggie Chapman (North East Scotland) (Green) Green
I thank the minister for the engagement that we have had on my amendments 539 and 540 in this group. The substantive amendment is 540, and amendment 539 woul...
The Convener SNP
As no other members wish to come in, I call the minister to wind up.
Siobhian Brown SNP
I thank Maggie Chapman, and I acknowledge the concerns that the consumer panel has raised. We would not be able to get involved in the SLCC process—it will b...
The Convener SNP
Amendment 313, in the name of the minister, is grouped with amendments 314, 315, 317, 318, 320, 330, 356, 362 to 371, 381, 449, 451, 460, 471, 474 to 477, 47...
Siobhian Brown SNP
The amendments in this group are largely technical. The main amendment is 315, which, at the request of the SLCC, puts a matter beyond doubt by expressly pro...
The Convener SNP
Amendment 557, in the name of Paul O’Kane, is grouped with amendments 558 to 560, 643, 563, 316, 564, 565, 571, 573, 578, 582, 590, 605 and 640. I remind mem...
Paul O’Kane (West Scotland) (Lab) Lab
My amendments in this group seek to retain the current preliminary steps that the commission must take in respect of a complaint, specifically to determine w...
Siobhian Brown SNP
Paul O’Kane’s amendments in the group would place back in statute a requirement for the SLCC to determine whether a complaint was “frivolous, vexatious or w...
Paul O’Kane Lab
The minister might well be coming to these points. I appreciate what she said about the flexibility that will be afforded to the SLCC in relation to its rule...
Siobhian Brown SNP
On page 32 of the bill, section 41 sets out that, in order for the SLCC to apply the eligibility test, it will need to consult the Lord President, Scottish m...
The Convener SNP
I see that no other members wish to speak, so I call Paul O’Kane to wind up and to press or withdraw amendment 557.
Paul O’Kane Lab
Inaudible.
The Convener SNP
We will suspend for a few moments to deal with the technical problems that we are having. 10:00 Meeting suspended. 10:02 On resuming—
The Convener SNP
Welcome back. I call Paul O’Kane to wind up, and to press or withdraw amendment 557.
Paul O’Kane Lab
I will wind up on the amendments. I think that we are all trying to push towards a similar outcome in this debate, which is that there should be a process e...
The Convener SNP
The question is that amendment 557 be agreed to. Are we agreed? Members: No.
The Convener SNP
There will be a division. As this is our first division, I remind members to show their vote by raising their hand. For O’Kane, Paul (West Scotland) (Lab)...
The Convener SNP
The result of the division is: For 1, Against 5, Abstentions 1. Amendment 557 disagreed to. Amendments 558 to 560 not moved. Amendment 314 moved—Siobhian ...
The Convener SNP
Amendment 572, in the name of Paul O’Kane, is in a group on its own.
Paul O’Kane Lab
Amendment 572 is a relatively simple amendment that would leave out section 54(7) of the bill. As drafted, section 54(7) would repeal section 12 of the Legal...
Siobhian Brown SNP
Amendment 572 seeks to reinstate the express provision contained in section 12 of the Legal Profession and Legal Aid (Scotland) Act 2007 on how the SLCC must...
Paul O’Kane Lab
Will the minister take an intervention?
Siobhian Brown SNP
Yes.
Paul O’Kane Lab
I am grateful to the minister for taking an intervention. It perhaps speaks to the point in my previous amendment about understanding the difference between ...
Siobhian Brown SNP
I will come to that further along, but as I said when we debated the previous group, the SLCC will have to go to consultation with the Lord President, Scotti...
The Convener SNP
Thank you. I ask Paul O’Kane to press or withdraw amendment 572.
Paul O’Kane Lab
I do not intend to say too much more, other than that I think that this amendment is about ensuring that there is a provision in the bill to ensure natural j...