Chamber
Plenary, 14 Dec 2006
14 Dec 2006 · S2 · Plenary
Item of business
Legal Profession and Legal Aid (Scotland) Bill: Stage 3
I will rattle through the amendments fairly quickly. Amendment 88 is about consistency and would allow the Law Society of Scotland to take into account a decision of the Scottish Solicitors Discipline Tribunal when disciplining a practitioner. Amendment 89 is consequential. Amendment 90 would allow the council of the Law Society of Scotland to take into account other decisions when making awards under section 8. Amendment 99 would empower the tribunal to fine when dealing with appeals.
Amendment 100 would provide consistency with section 8 and amendment 90. Amendments 101 and 103 are consequential on amendment 100. Amendment 104 would clarify the powers of the court under proposed new section 54A of the Solicitors (Scotland) Act 1980 and would ensure that those powers were exercisable only under appeal. Amendment 105 is related to amendment 107. Amendment 106, in the name of the minister, is consistent with amendment 98.
Amendment 107 would remove the double jeopardy element, because it is an important part of justice that a person should not be punished twice for something. Amendment 108 would reinforce enforcement. Amendment 109 would add clarity. Amendment 111 would provide consistency with amendments 100 and 90. Amendment 115 would provide consistency with regard to conveyancing or executry practitioners, by providing that decisions of the Scottish Solicitors Discipline Tribunal and the court could be taken into account. Amendments 117, 124 and 126 would provide consistency with section 8. Amendment 127 is consequential on amendment 130. Amendments 129 to 132 and 134 would provide more consistency. Amendment 139 would change wording. Amendments 141 and 146 would provide consistency.
I am content with the amendments in the group that are in the minister's name.
I move amendment 88.
Amendment 100 would provide consistency with section 8 and amendment 90. Amendments 101 and 103 are consequential on amendment 100. Amendment 104 would clarify the powers of the court under proposed new section 54A of the Solicitors (Scotland) Act 1980 and would ensure that those powers were exercisable only under appeal. Amendment 105 is related to amendment 107. Amendment 106, in the name of the minister, is consistent with amendment 98.
Amendment 107 would remove the double jeopardy element, because it is an important part of justice that a person should not be punished twice for something. Amendment 108 would reinforce enforcement. Amendment 109 would add clarity. Amendment 111 would provide consistency with amendments 100 and 90. Amendment 115 would provide consistency with regard to conveyancing or executry practitioners, by providing that decisions of the Scottish Solicitors Discipline Tribunal and the court could be taken into account. Amendments 117, 124 and 126 would provide consistency with section 8. Amendment 127 is consequential on amendment 130. Amendments 129 to 132 and 134 would provide more consistency. Amendment 139 would change wording. Amendments 141 and 146 would provide consistency.
I am content with the amendments in the group that are in the minister's name.
I move amendment 88.
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.