Hansard

I know that Tess White has become a member of the committee only recently. Throughout the bill’s passage, it has been incredibly difficult to find a balance between the legal profession and the consumer side, starting from day 1, when it was suggested—before my time as minister in charge of the bill—that there be an independent regulator, and we decided not to pursue that. We have engaged constructively with the legal profession, and—as Tess White will know—on some of the amendments that have been considered today, to strengthen the consumer side. I am not going to say that the process has been easy—it has been difficult to get the bill through and find that balance. However, I hope that, as we move forward today, we have achieved that.

The framework delivered by the bill aims to balance the interests of stakeholders—who, although they have differing views, all support this bill—and ensure that Scotland’s legal sector remains trusted, transparent and effective in meeting the needs of those that it serves.

I will briefly remind members of the bill’s key provisions. It will provide a more consumer-focused approach by introducing a more flexible and consumer-focused regulatory structure that ensures that individuals who seek legal services receive high standards of service and clarity on their redress options. For too long, consumers of legal services have struggled to understand the complexities of the complaints system. The bill aims to remedy that by establishing clearer processes for consumers to seek redress and hold legal providers accountable. The bill also strengthens the consumer voice by providing the consumer panel with a robust footing and a wider remit.

The bill will also ensure improved oversight and accountability. As the ultimate regulator of Scotland’s legal sector, the Lord President is empowered by the bill to oversee and improve the functions of legal services. For example, I lodged amendments at stage 2 in order to transfer to the Lord President the ability to review a regulator’s performance. I have also lodged amendments that would require the Lord President’s consent to be gained before any changes may be made to the regulatory category of a regulator.

Finally, the bill will increase access to justice, as it will introduce provisions to widen access to legal services. It will enable innovative service delivery models, including alternative business structures. This change will help to ensure that legal services are available in a way that meets the needs of a modern, diverse society. The bill also removes restrictions on third sector bodies, to allow them to employ solicitors and represent some of the most vulnerable in society.

Let me also reflect on the broader context within which this legislation has emerged. Scotland’s legal sector plays an integral role in maintaining the rule of law and upholding justice. From individuals who are seeking advice in family law matters to businesses that are navigating complex commercial disputes, the demand for accessible, efficient and accountable legal services is growing.

However, as we know, the landscape of legal services has changed dramatically over the past decade, and that change has accelerated in recent years. The rise of technology, the increase in diverse legal needs, and the challenges that consumers face have highlighted the need for reform.

The bill is a direct response to those challenges and a recognition that, although our legal services sector is one of the best in the world, it is not without areas for improvement.

Throughout the consultation process, many views were expressed on the idea of having a single independent regulator. We have taken great care to ensure that the regulatory framework that the bill provides is proportionate, balanced and sensitive to the autonomy of the legal profession while ensuring that the public interest remains at the heart of the regulatory process.

This bill is a vital piece of legislation that has the potential to reshape the legal services landscape in Scotland, which I am sure we all welcome.

Ultimately, the bill is about improving the everyday experience of people who need legal help and ensuring that legal services are delivered in a way that is fair, equitable and accessible for all. It is about empowering both consumers and professionals to build a stronger, more resilient legal system that reflects the values of our society and meets the expectations of our citizens.

I am confident that the Regulation of Legal Services (Scotland) Bill can deliver a robust regulatory framework that serves both the interests of the legal profession and the people of Scotland, and I urge all members to support it.

I move,

That the Parliament agrees that the Regulation of Legal Services (Scotland) Bill be passed.