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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

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 providing that the SLCC can initiate a conduct or regulatory complaint. Amendments 314, 317, 320, 356, 381 and 479 are consequential on that change.

Amendment 313 is a minor amendment to ensure consistency of language.

Amendment 318 is a minor change that is consequential on the removal from the 2007 act of section 2(4), which relates to premature complaints, in favour of the SLCC covering the issue in its rules instead.

Amendment 492 and the related amendment 330 make a technical change to the bill to write out the necessary modifications of sections 48 to 52 of the 2007 act, so that regulators can use those in connection with the investigation of a regulatory complaint in addition to a conduct complaint.

Amendment 493 corrects a cross-reference.

Amendment 362 changes the title of section 23 of the 2007 act to better reflect the content of the revised section, following amendment by the bill, to include reference to handling complaints, which are complaints about the handling of conduct and regulatory complaints.

Amendment 363 allows the SLCC to investigate the handling of a conduct or regulatory complaint by a relevant professional organisation after the six-month expiry deadline where it is considered that there have been exceptional circumstances.

09:45  

Amendments 364 and 365 are minor and technical amendments. Amendments 366 to 369 make minor procedural changes to the consideration of handling complaints by the SLCC. Amendments 370 and 371 correct typographical errors, and amendment 449 corrects an incorrect cross-reference. Amendments 451 and 460 update cross-references to other provisions of the bill, and amendments 474 to 477 make further consequential changes. Amendment 471 sets out what decisions the Scottish Solicitors Discipline Tribunal is required to publish and provides it with the flexibility to publish any other decision that it feels is necessary.

All of the following remaining amendments in the group are minor correcting technical or consequential amendments. They are amendments 480, 482, 483, 485 to 491, 495 to 498 and 500. I ask members to support the amendments in the group.

I move amendment 313.

Amendment 313 agreed to.

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...