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
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 notify the complainer and practitioner of a decision to uphold or not to uphold a service complaint. The removal of section 12 is one of a number of changes that are made by the bill to enable the SLCC to deal with complaints with greater flexibility. The intention is that service complaints will not all be required to be dealt with by the committee members, but by SLCC committee members and members of staff as appropriate and as laid down in the SLCC’s practice and procedure rules.
The bill at section 66 provides a proportionate and agile approach, which makes provision for the SLCC to produce such practice and procedure rules for dealing with service complaints. It is intended that requirements that are broadly equivalent to those set out in section 12 will instead be set out in the rules. There will be no lessening of the SLCC’s responsibility in that respect.
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...