Chamber
Plenary, 14 Dec 2006
14 Dec 2006 · S2 · Plenary
Item of business
Legal Profession and Legal Aid (Scotland) Bill: Stage 3
The next item of business is stage 3 proceedings on the Legal Profession and Legal Aid (Scotland) Bill.
In dealing with amendments, members should have the bill as amended at stage 2, which is SP bill 56A; the marshalled list, which contains all the amendments that I have selected for debate; and the groupings, which I have agreed.
For the first division on an amendment, the division bell will sound and proceedings will be suspended for five minutes. The period of voting for the first division will be 30 seconds. Thereafter, I will allow a one-minute voting period for the first division after a debate. All other divisions will be allowed 30 seconds.
In dealing with amendments, members should have the bill as amended at stage 2, which is SP bill 56A; the marshalled list, which contains all the amendments that I have selected for debate; and the groupings, which I have agreed.
For the first division on an amendment, the division bell will sound and proceedings will be suspended for five minutes. The period of voting for the first division will be 30 seconds. Thereafter, I will allow a one-minute voting period for the first division after a debate. All other divisions will be allowed 30 seconds.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
The next item of business is stage 3 proceedings on the Legal Profession and Legal Aid (Scotland) Bill.In dealing with amendments, members should have the bi...
Section 2—Receipt of complaints: preliminary steps
The Presiding Officer:
NPA
Group 1 is on circumstances in which a conduct complaint about conveyancing and executry practitioners may be made. Amendment 8, in the name of David Davidso...
Mr David Davidson (North East Scotland) (Con):
Con
Amendment 8 seeks to remove section 2(1)(a)(ii), which I believe to be unnecessary, as conveyancing and executry practitioners are already covered by the rul...
The Deputy Minister for Justice (Johann Lamont):
Lab
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, which covers the position of conveyancing and executry practitioners, lists conviction of a cr...
Mr Davidson:
Con
I acknowledge the minister's comments. However, I have been advised that conveyancing and executry practitioners would be covered by section 2(1)(a)(i) and w...
The Presiding Officer:
NPA
The question is, that amendment 8 be agreed to. Are we agreed?
Members:
No.
The Presiding Officer:
NPA
There will be a division. I suspend the meeting for five minutes.
Meeting suspended.
On resuming—
The Presiding Officer:
NPA
We will proceed with the division.
ForAdam, Brian (Aberdeen North) (SNP) Aitken, Bill (Glasgow) (Con) Brownlee, Derek (South of Scotland) (Con) Crawford, Bruce (Mid Scotland and Fife) (SNP) Da...
The Presiding Officer:
NPA
The result of the division is: For 32, Against 61, Abstentions 0.
Amendment 8 disagreed to.
The Presiding Officer:
NPA
Group 2 is on determination of eligibility to make a complaint. Amendment 9, in the name of David Davidson, is grouped with amendments 11 to 16, 19, 21, 36 a...
Mr Davidson:
Con
As the Presiding Officer has pointed out, this group of amendments deals with determination of eligibility to make a complaint. In lodging amendment 11, I wa...
The Presiding Officer:
NPA
I clarify that you have moved only amendment 9 at this stage.
Johann Lamont:
Lab
I am grateful for David Davidson's kindness.Amendment 9 would remove the reference to any provision on rules made by the commission under section 23(1) as to...
Mr Davidson:
Con
As I said earlier, I seek guidance from the minister about what is intended because members of the public, among others, have expressed doubts about what the...
Johann Lamont:
Lab
I hear what Mr Davidson says and I have argued our position on the amendment. That should be sufficient.
Amendment 9, by agreement, withdrawn.
The Presiding Officer:
NPA
Group 3 is on persons entitled to make complaint etc. Amendment 10, in the name of David Davidson, is grouped with amendment 211.
Mr Davidson:
Con
Amendments 10 and 211 seek to add sheriffs and tribunal chairs to the list of judges in the bill to ensure consistency.I move amendment 10.
Johann Lamont:
Lab
Amendment 10 seeks to add chairmen of tribunals to the list of public office holders who can make a service complaint to the commission, but it does not defi...
Mr Davidson:
Con
I thank the minister for providing clarity. Now we know that our money goes on good legal advice to our ministers. I accept what she says, and because she ha...
Amendment 10, by agreement, withdrawn.
Section 2A—Existence of specified regulatory scheme
Amendments 11 to 13 not moved.
After section 4