Meeting of the Parliament 20 May 2025
I thank all the individuals and organisations who have supported and contributed to the parliamentary passage of the Regulation of Legal Services (Scotland) Bill. I also thank the minister, who engaged constructively with members ahead of stage 3.
I appreciate that, for many stakeholders, the bill is long overdue, and I hope that my amendment 137, which secures a review of the act, will reduce the timescales for change in the future.
It is clear that the current system, which covers entry to the profession, professional practice, complaints and financial compliance, is not fit for purpose. Much of the relevant legislation is more than 40 years old, but the legal services market is constantly evolving. However, the corresponding regulatory regime is clunky and inflexible.
I am a member of the Equalities, Human Rights and Civil Justice Committee, which has been hearing about huge issues with access to justice. The whole system is frustrating for regulatory bodies, but it is often the consumer who bears the brunt of its failings. The committee has heard that, sometimes, consumers have to try 100 solicitors before they find one who will act on their behalf. The system is crying out for modernisation.
Scottish Conservatives believe that the bill truly represents a missed opportunity, which is why we will vote against it at decision time. In the brief time that is allocated to me, I want to explain our reasoning carefully, because I understand that the legal profession has expressed strong feelings on the subject. However, it is vital that the consumer's voice is heard during the process.
There are two key issues. The first is that the bill fails to consolidate the existing legislative landscape into a single act, which the Law Society of Scotland called for in order to simplify that fragmentation. At stage 2, the bill was the most heavily amended in the Scottish Parliament’s lifetime.