Hansard

I welcome that commitment from the cabinet secretary and agree with that way forward.

A number of key issues are worth raising today, some of which were mentioned in the Which? super-complaint. We must recognise that we live in the age of the one-stop shop. It is evident that consumers want commodities to be available at one point of contact, and I do not think that anybody would advocate that we should change an arrangement that consumers have demanded. The idea that solicitors, accountants, surveyors and others operate to a new business model that makes them available at a single point of contact is appealing. The majority of consumers out there would probably welcome such a model and the opportunities that would arise from a much clearer pricing policy and a more tailored service.

There is a need for caution, however. The merging of services in such a business model could allow the integrity and independence of solicitors to be questioned. How solicitors would interact with other professions would need to be made clear. Unlike some members I am not legally qualified, but as a lay person, I am well aware of the high value that is attached to the independence of solicitors when they go about their daily business. That is why that proposed business model should be interrogated carefully.

Moreover, a number of press and media reports—I do not know whether there is other detailed intelligence—have told how members of the criminal underworld take the opportunities offered by that business model to infiltrate legal practices. Such concerns were raised about the situation in England and Wales. I welcome the clear commitment from the minister to deliver a Scottish model that is based on the Scottish legal system. He rightly sets us apart from other parts of the United Kingdom because of the demographics of our communities. That point should be given serious consideration. Let us not be distracted by the model that has been delivered in England and Wales, although there might be opportunities to learn from experience there.

We need to balance our approach to the proposed model with listening to some of the concerns that have been raised by legal professionals. A concern that has been raised with me is that people who are not qualified in the legal arena are providing legal advice. Under any new business model, we must be clear that anybody who provides legal advice must have a legal qualification. I seek assurances from the Government that it will deal with that genuine concern from legal professionals about unqualified people on the periphery of the legal arena.

Another concern that was raised in the Which? super-complaint was about competition. Most of us would argue that competition is a good thing for consumers. We all like a bargain—whether it is Pauline McNeill on her many visits to Buchanan Galleries in Glasgow or people who trawl through the price comparison sites on the internet to find a cheap holiday or cheap insurance. I am not sure whether there will ever be a price comparison site for legal services—perhaps there already is one, or perhaps somebody has thought about developing one. Although I am not legally qualified, I argue that comparing prices on the internet for legal advice is probably more complex than comparing Asda's grocery prices with those of Tesco and others.

We must ensure that competition works in the consumer's favour and that our communities benefit from it. Although many of the arguments for the proposed business model are probably well meant, that model might not provide genuine competition. A number of sole traders provide a valuable legal service and we must ensure both that they are able to continue to do so under any new arrangements and that competition remains.

In the cabinet secretary's speech to the Law Society, he said that Tesco already has internet advertisements for a £199 conveyancing service in England and Wales. Perhaps the price appeals to the consumer, but will they get the same quality of service? Another concern is that many public limited companies with aggressive and robust business plans would not want to be involved in some of the more detailed work that sole traders carry out, which could lead to cherry picking. Perhaps some sole practitioners already cherry pick—I am not sure—but we must interrogate such arguments carefully.

In conclusion, the Law Society said in its consultation document that, of course, there will be rigorous debate on the subject in the Law Society. There is always rigorous debate in the Law Society—what better people to have such debate than legal practitioners? That is a good thing. Although today's debate is perhaps undersubscribed, when we reach the more detailed stages of the debate on the proposed business model for the legal profession and various organisations have made their representations to Parliament, there will be more rigorous debate in the chamber.

We welcome the fact that the Law Society has said that the status quo is not an option. That is a mature way to approach the debate. It is also a welcome response to the various reviews that have taken place and to the Which? super-complaint. The legal profession has a responsibility to take the issue forward.

The Presiding Officer is gesturing that I can go on for as long as I like, which is unusual, but I will finally conclude by saying that we need to have a rigorous debate in the Parliament. It is important that whatever model we deliver makes a genuine difference in communities throughout Scotland. For far too long, many of our communities have not enjoyed the access to justice that they should have enjoyed and we must ensure that the legal profession provides a high-quality service in that respect.

I move amendment S3M-847.1, to insert at end:

"and considers that this approach should also widen choice, provide easier access to legal services and create the conditions for more affordable services so that social justice will be at the heart of future changes."