Chamber
Plenary, 14 Dec 2006
14 Dec 2006 · S2 · Plenary
Item of business
Legal Profession and Legal Aid (Scotland) Bill
The fact that the bill is a completely different animal from what appeared at stage 1 is a good advertisement for the parliamentary process. I pay tribute to the Justice 2 Committee, under the able convenership of David Davidson, and to the Executive, which listened and acted.
We had two principal concerns about the bill. One was about the appeals system and the other was about the independence of the new body and how it will be set up. The Executive has not moved as far as we would have liked on those matters, but it certainly listened and reacted. It has reassured us to the extent that we can vote to pass the bill today.
It is important to recognise that the bill is about service complaints and not about embezzlement or negligence. In the case of embezzlement, in addition to any criminal sanction, the indemnity fund will kick in, and in the case of negligence, acts such as a failure to lodge a reparation action timeously or the purchase of a house without a proper title will result in professional indemnity insurance kicking in. The limit that has been put on service complaints is indicative of the fact that, in most cases, they are not terribly serious, but they cause considerable concern and irritation along with some hardship to those who make complaints.
The legal profession must think that it is being selected for special treatment. People have problems with plumbers, electricians and joiners as well, and I look forward to a plumbing and electrical trades (Scotland) bill being lodged at some distant time. However, the Legal Profession and Legal Aid (Scotland) Bill is a job well done and it reflects well on all concerned, particularly the Deputy Minister for Justice and her predecessor. We will vote for the bill in a few moments' time.
We had two principal concerns about the bill. One was about the appeals system and the other was about the independence of the new body and how it will be set up. The Executive has not moved as far as we would have liked on those matters, but it certainly listened and reacted. It has reassured us to the extent that we can vote to pass the bill today.
It is important to recognise that the bill is about service complaints and not about embezzlement or negligence. In the case of embezzlement, in addition to any criminal sanction, the indemnity fund will kick in, and in the case of negligence, acts such as a failure to lodge a reparation action timeously or the purchase of a house without a proper title will result in professional indemnity insurance kicking in. The limit that has been put on service complaints is indicative of the fact that, in most cases, they are not terribly serious, but they cause considerable concern and irritation along with some hardship to those who make complaints.
The legal profession must think that it is being selected for special treatment. People have problems with plumbers, electricians and joiners as well, and I look forward to a plumbing and electrical trades (Scotland) bill being lodged at some distant time. However, the Legal Profession and Legal Aid (Scotland) Bill is a job well done and it reflects well on all concerned, particularly the Deputy Minister for Justice and her predecessor. We will vote for the bill in a few moments' time.
In the same item of business
The Deputy Presiding Officer (Murray Tosh):
Con
The next item of business is a debate on motion S2M-5223, in the name of Cathy Jamieson, that Parliament agrees that the Legal Profession and Legal Aid (Scot...
The Deputy Minister for Justice (Johann Lamont):
Lab
I thank the Justice 2 Committee for its thorough consideration of the Legal Profession and Legal Aid (Scotland) Bill. A number of refinements were made to th...
The Deputy Presiding Officer:
Con
I am minded to accept a motion without notice to bring forward decision time to 5.30 pm.
Motion moved,
That, under Rule 11.2.4 of Standing Orders, Decision Time on Thursday 14 December be taken at 5.30 pm.—Ms Margaret Curran.
Motion agreed to.
Mr Kenny MacAskill (Lothians) (SNP):
SNP
I pay tribute to the minister's endeavours today. I concur with the tribute that the minister paid to everyone in the bill team.The bill has been a long time...
Mr David Davidson (North East Scotland) (Con):
Con
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 re...
Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):
LD
I will refer to the debate at stage 1 and to the committee's stage 1 report. The main areas of consideration at that stage have been substantially addressed,...
Bill Butler (Glasgow Anniesland) (Lab):
Lab
I record my appreciation of the sterling support that the clerking team and the Scottish Parliament information centre have given the committee.No one would ...
Mr John Swinney (North Tayside) (SNP):
SNP
I thank the Government for introducing the bill and the ministers for steering it through Parliament. I imagine that the volume of correspondence that I have...
Colin Fox (Lothians) (SSP):
SSP
As other members have said, there were many issues for the Justice 2 Committee to consider in scrutinising this 80-page bill, which was probably dwarfed by t...
Bill Aitken (Glasgow) (Con):
Con
The fact that the bill is a completely different animal from what appeared at stage 1 is a good advertisement for the parliamentary process. I pay tribute to...
Mr Stewart Maxwell (West of Scotland) (SNP):
SNP
I add my thanks to those of other members who were on the Justice 2 Committee during stages 1 and 2. I thank the clerks and my fellow committee members, who ...
The Minister for Justice (Cathy Jamieson):
Lab
Like Kenny MacAskill, I recognise the fact that the bill has been a long time in the making. I thank the parliamentary committees—not just in this Parliament...