Chamber
Plenary, 14 Dec 2006
14 Dec 2006 · S2 · Plenary
Item of business
Legal Profession and Legal Aid (Scotland) Bill: Stage 3
We continue this afternoon as we started this morning.
Amendment 69 adds the Lord President to the list of those whom the commission is required to consult before making or varying its rules of procedure. That should help to provide further reassurance that the rules will be fair and will further reinforce the reality that the full commission and its determination committees will act as an independent and impartial tribunal when ruling on the merits of complaints. I welcome the support that has been given to the amendment.
I support the other amendments in the group. Amendments 66 and 67 would place a slightly more stringent duty on the commission in relation to the publication of its rules and any changes to them. Instead of being required to publish the rules from time to time, the commission will be required to publish them as soon as is reasonably practicable and to make them available to the public in a readily accessible form. We accept that that will promote transparency.
Amendments 68 and 70 would remove the current exemption to the duty on the commission to consult before making or varying its rules, where those relate to the annual levy and complaints levy. Originally we thought that the commission's duty to consult the profession each year on the size of the levies under section 20 afforded sufficient protection, but we have no objection to a wider duty to consult.
Amendment 69 adds the Lord President to the list of those whom the commission is required to consult before making or varying its rules of procedure. That should help to provide further reassurance that the rules will be fair and will further reinforce the reality that the full commission and its determination committees will act as an independent and impartial tribunal when ruling on the merits of complaints. I welcome the support that has been given to the amendment.
I support the other amendments in the group. Amendments 66 and 67 would place a slightly more stringent duty on the commission in relation to the publication of its rules and any changes to them. Instead of being required to publish the rules from time to time, the commission will be required to publish them as soon as is reasonably practicable and to make them available to the public in a readily accessible form. We accept that that will promote transparency.
Amendments 68 and 70 would remove the current exemption to the duty on the commission to consult before making or varying its rules, where those relate to the annual levy and complaints levy. Originally we thought that the commission's duty to consult the profession each year on the size of the levies under section 20 afforded sufficient protection, but we have no objection to a wider duty to consult.
In the same item of business
Resumed debate.
Section 23—Duty of Commission to make rules as to practice and procedure
The Deputy Presiding Officer (Trish Godman):
Lab
Group 17 is about publication of and consultation on rules as to the commission's practice and procedure. Amendment 66, in the name of David Davidson, is gro...
Mr Davidson:
Con
Amendments 66 and 67 enhance accountability and transparency, which is essential in a process as technical as the workings of the Scottish Legal Complaints C...
Johann Lamont:
Lab
We continue this afternoon as we started this morning.Amendment 69 adds the Lord President to the list of those whom the commission is required to consult be...
Mr Davidson:
Con
I thank the minister for understanding what we are seeking to do to improve the bill. I very much welcome her support in these matters.
Amendment 66 agreed to.
Amendments 67 and 68 moved—Mr David Davidson—and agreed to.
Amendment 69 moved—Johann Lamont—and agreed to.
Amendment 70 moved—Mr David Davidson—and agreed to.
After section 27
The Deputy Presiding Officer:
Lab
Group 18 is on a report to Scottish ministers on conduct complaints. Amendment 5, in the name of John Swinney, is grouped with amendment 7.
Mr Swinney:
SNP
One of the matters discussed at length during consideration of the bill at stages 1 and 2 was whether complaints about services and conduct should be handled...
Mr Davidson:
Con
I am afraid that I cannot support John Swinney's amendment 5, for the simple reason that what he proposes involves a conflict of interests. If he is so keen ...
Colin Fox (Lothians) (SSP):
SSP
Mr Swinney raises an important issue that is at the centre of the bill. The Justice 2 Committee spent a lot of its time considering conduct complaints, and i...
Johann Lamont:
Lab
Amendment 5 has some attraction, in so far as it would require the commission to review its operations after its first two years. We commend such reviews as ...
Mr Swinney:
SNP
David Davidson seems to have fundamentally misunderstood or misread amendment 5. I am almost tempted to allow him to make a further speech in case he is more...
Members:
No.
Mr Swinney:
SNP
My colleagues are encouraging me not to be so generous, so I should perhaps withdraw that offer.The purpose of amendment 5 is not to ensure that the commissi...
The Deputy Presiding Officer:
Lab
The question is, that amendment 5 be agreed to. Are we agreed?
Members:
No.
The Deputy Presiding Officer:
Lab
There will be a division. There will be a five-minute suspension to allow members to come into the chamber.
Meeting suspended.
On resuming—
The Deputy Presiding Officer:
Lab
We will proceed with the division on amendment 5, in the name of John Swinney.
ForAdam, Brian (Aberdeen North) (SNP) Baird, Shiona (North East Scotland) (Green) Ballance, Chris (South of Scotland) (Green) Ballard, Mark (Lothians) (Green...
The Deputy Presiding Officer:
Lab
The result of the division is: For 33, Against 71, Abstentions 1.
Amendment 5 disagreed to.
Section 28—Obtaining of information from relevant professional organisations
Amendment 71 moved—David Davidson.