Hansard

I joined the Justice 2 Committee as convener on day 1 of stage 2 of the bill, which gave me a real introduction to the trenches in the front line—I had to read hundreds of submissions. I pay tribute to all the people who sent evidence to the committee at an early stage and wrote copious amounts of mail to us thereafter—demonstrating that people acknowledge the usefulness of the work of the Parliament and its committees.

I thank the committee clerks and the former Deputy Minister for Justice, Hugh Henry, who provided much help to the committee during its initial consideration of the bill. I welcome the new Deputy Minister for Justice's continuation of the open dialogue that the committee and the Executive have had throughout the bill's progress. I hope that such dialogue continues as other parliamentary committees consider all the forthcoming proposed legislation.

In thanking the people behind the scenes, I mention the bill team, who played a vital role. I was very saddened to hear that Andrew Dickson, who was the bill team leader during the early part of the bill's progress, died last week. I believe that he was a devoted and respected civil servant. We send our regards and sympathy to his family.

The Conservatives have acknowledged for a long time that the legal complaints system needed to be modernised. There was a need for balance, to ensure not only that complainers' rights were guaranteed but that there was a fair deal for practitioners who were complained against. We are not completely satisfied that our concerns on the ECHR are past us yet, but what ministers have done has taken us pretty well there. I look forward to the roll-out of that provision.

The point that Kenny MacAskill and others, including the minister, made about £20,000 being the maximum compensation payable is important—one need only look at what happened in Northern Ireland, with its compensation limit of £3,500 and the fact that Scotland has only recently moved its figures. We have to ensure that there is no public doubt that £20,000 is not a given. It is not the level of most of the settlements that have been made.

We welcome the legal aid changes. People in small communities and remote areas find it particularly difficult to get access to legal aid through a solicitor. We welcome what has happened on the voluntary sector front, as long as the sector is properly funded, accountable and accredited.

I turn to appeals without leave of the court. We accept that that is what the minister has done—she has moved a long way since the bill was introduced, at which time there was no thought whatever of an appeal system. We also welcome the new role of the Lord President. We on the Conservative benches like practical legislation—legislation that works—but we want to ensure that there is public confidence in it and transparency in all the processes.

Huge regard was paid to the evidence that we received—some of which we may have to return to—including that of the in-house lawyers, who may not continue to pay their Law Society registration if there is no requirement to do so. That could lead to the loss of members. A critical mass is required—all this has to be funded. I hope that ministers are mindful of that.

Solicitors in small practices may decide that they are not prepared to take on anything that seems risky—perhaps because the £20,000 limit has led to a lack of confidence. I hope that that will not deprive people of access to legal services.

That said, I thank the Executive for the treatment that the Parliament and the committee have had during the passage of the bill. I thank everyone concerned. We will, at last, be able to support the bill, because of the work of the minister and her team.