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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 29 December 2025
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Displaying 1090 contributions

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Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Thank you, convener, and good morning to Ms Roberton. I am particularly interested in the regulatory role for the Lord President that might have been envisaged by your review. If there was an independent regulator, what role would the Lord President play? In evidence over the preceding weeks and this morning, we have heard the view that the Lord President is an independent regulator. Will you expand on that for the committee?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

At the beginning of your remarks, you spoke about the bill’s being imperfect, to put it kindly. In your view, could there have been a different version of legislation that would have created something that was independent but that had a role for the Lord President, which could have been developed in concert between the parties, essentially?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Is it your view that, given the current bill, compromise will be impossible—or really difficult to achieve?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Obviously, the bill will be amended, we believe—

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Sure.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Good morning to your lordships. The convener began her questions by asking about the area that I am interested in. Last week, I had an exchange with Roddy Dunlop, who attended on behalf of the Faculty of Advocates, on the issue of an independent regulator. Mr Dunlop’s contention was that the discussion is academic, because an independent regulator is not in the scope of the bill. The challenge for the committee will be to take a broader view on whether the Government may wish to consider that at some point in the future, given the Roberton review.

Will you expand on Lord Ericht’s points regarding your concerns about independent regulation? We have already heard quite a bit about that, but you could talk about any future moves towards the Roberton report’s recommendations.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Finally, I will turn to the known unknown—to borrow a phrase—about the amendments. I presume that the Lord President has made certain views known about what the amendments might contain. From the Lord President’s point of view, what has engagement been like with the Government thus far?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Lord Ericht, correct me if I am wrong, but I think that you said that we are some way off from having substantive amendments. Do we have any sense of the timescale from the Government? We have been frustrated in trying to get that detail.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

Yes.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Paul O'Kane

We heard some of those points last week from the Faculty of Advocates, the Law Society of Scotland and others. Do you think that there is a problem of perception, in that people think that, if there is a body that is, in lay people’s views, completely separate, that constitutes independent regulation, rather than the Lord President being an independent regulator as it stands currently?