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Chamber

Meeting of the Parliament 20 May 2025

20 May 2025 · S6 · Meeting of the Parliament
Item of business
Regulation of Legal Services (Scotland) Bill
Chapman, Maggie Green North East Scotland Watch on SPTV

On behalf of the Scottish Greens, I welcome the bill and thank all those who helped to bring it—at last—to stage 3. I thank my committee colleagues, the clerks and all those who gave evidence, provided briefings and shared helpful conversations.

This has not always been an easy bill to navigate, but the progress that has been made and the co-operation that has been achieved between stakeholders, Government and Opposition represent a source of encouragement for the future.

The bill is, in many ways, a compromise, falling short of the radical reform that was called for in Esther Roberton’s report. It is nonetheless valuable and necessary for legal professionals and for those whose interests we, as Scottish Greens, are most concerned about—the people without wealth, power or privilege, for whom good legal services are too often out of reach. People typically need those legal services at some of the most stressful times in their lives—when they are moving home, setting up a business, dealing with bereavement or negotiating separation or divorce, or following accidents, work difficulties or involvement with the criminal justice system. Legal professionals who are skilled and sensitive, conscientious and good at communicating can make a huge difference to people’s lives by lifting burdens, solving problems and providing real support and representation when they are most needed.

Of course, the converse is also the case at times. When legal professionals are slow, careless, incompetent, extortionate or absent, transactions become problems, problems become crises and crises become catastrophes. If, in addition, the system that is supposed to address complaints and redress wrongs does not work efficiently, those difficulties are multiplied. If the system is slow, complex and mysterious, if it uses language that is alienating and even insulting, and if it does not seem to listen, the legacy of legal experience can be bitter indeed.

The bill sets out to reform and improve those systems, enabling them not only to intervene swiftly and fairly when things have already gone wrong but to act proactively to prevent the spread of bad practice and bad experience. What people want so much and so often is to know that the same thing will not happen to someone else.

Access not just to law but to justice is a key foundation of what we Greens believe in. That includes access to good legal services and to redress when they are not received. It also includes dimensions of justice that are not addressed by the bill but are of urgent importance.

One of those is simply access to legal services. For many people across Scotland, legal advice and representation on matters of the utmost gravity, such as their homes, livelihoods, children, safety and liberty, are simply not available, because of either cost barriers or geographical distance. Legal aid reform is long, long overdue.

Another is access to appropriate courts and remedies. An environmental court with specialist expertise and a problem-solving approach would save resources of all kinds—time and money, as well as biodiversity, precious green space and the wellbeing of our communities.

The human rights bill that we campaigned so passionately for would have opened up a route to remedy for violations of fundamental human rights of dignity, equality and respect. At a time when those rights for disabled people, transgender people and people who are seeking asylum and home are under unprecedented threat, access to justice matters desperately.

I welcome the bill, and we will vote for it at decision time this evening. I am grateful to all who have got us here, but we still have so much work to do. I urge us all to remember that, as we vote on the bill this evening, we are talking not only about law but about justice.

17:47  

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-17584, in the name of Siobhian Brown, on the Regulation of Legal Services (Scotland) Bill at stage 3. I w...
The Minister for Victims and Community Safety (Siobhian Brown) SNP
I am pleased that we have completed stage 3 of the Regulation of Legal Services (Scotland) Bill with so much consensus on the final amendments to the bill, j...
Tess White (North East Scotland) (Con) Con
There is huge concern that consumers have been forgotten in the bill. What is your view on that?
Siobhian Brown SNP
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 ...
Tess White (North East Scotland) (Con) Con
I thank all the individuals and organisations who have supported and contributed to the parliamentary passage of the Regulation of Legal Services (Scotland) ...
Siobhian Brown SNP
Does Ms White appreciate the history of the bill and how matters have progressed since 2010? If the bill is not passed today, we will go back to scratch and ...
Tess White Con
When the bill process started, there was an unacceptable situation, which the legal profession reported directly to Scottish ministers. It was absolutely abs...
Paul O’Kane (West Scotland) (Lab) Lab
Tess White spoke about the challenges that the bill presents, particularly with regard to the independence of the judiciary. However, I am not sure whether s...
Tess White Con
We are fully supportive of having an independent regulator. The regulators and the judiciary were fundamentally opposed to the approach of having a single in...
Siobhian Brown SNP
Will the member take an intervention?
Paul O’Kane Lab
Will Tess White give way?
Tess White Con
I will take the minister’s intervention first.
Siobhian Brown SNP
I am slightly confused by Ms White’s contribution. She said that the Scottish Conservatives would fully support having an independent regulator, but then she...
Tess White Con
I am saying that, when the bill process started, the Scottish Government wanted the judiciary to report directly to ministers, which was absolutely absurd. W...
Paul O’Kane Lab
On the theme that the member has raised, the judiciary’s concern was about maintaining its independence in the processing of complaints. Does she envisage th...
Tess White Con
The independent regulator should report directly to the Lord President, definitely not the Scottish Government. It is to the minister’s credit that minister...
Paul O’Kane (West Scotland) (Lab) Lab
I am pleased to speak in the debate on behalf of Scottish Labour and confirm that we will support the bill at decision time this evening. As we have heard ...
Maggie Chapman (North East Scotland) (Green) Green
On behalf of the Scottish Greens, I welcome the bill and thank all those who helped to bring it—at last—to stage 3. I thank my committee colleagues, the cler...
Liam McArthur (Orkney Islands) (LD) LD
I noted the concerns that were expressed by Paul O’Kane earlier about the amount of time for which we have been considering the bill and debating it this aft...
The Presiding Officer NPA
I call on the minister to wind up the debate. You have a very generous four minutes, minister. 17:52
Siobhian Brown SNP
I will take a moment to reflect on the importance of the Regulation of Legal Services (Scotland) Bill and the hard work that has gone into bringing it to thi...
Paul O’Kane Lab
I am aware that the minister is in her peroration, but I am keen to get some clarity on the issue of amendments that we debated, particularly those around sa...
Siobhian Brown SNP
I thank Paul O’Kane for his question and for reminding me to get to that point, because I might have missed it. There are consequences to amendment 42 not b...
The Presiding Officer NPA
That concludes the debate on the Regulation of Legal Services (Scotland) Bill at stage 3.