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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 5 May 2021
  6. Current session: 12 May 2021 to 24 August 2025
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Displaying 1311 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

I come back to the final point of my question. Obviously, regulations are subject to a lot less scrutiny by Parliament. Also, we can only say yes or no to them; there is no amending them. If replacement arrangements were required, why would they be introduced by regulation rather than through emergency primary legislation, which can be done within two or three days?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

Section 41 enables the Scottish ministers to specify other regulatory matters that must be dealt with in the rules. In the evidence that we took a couple of weeks ago, the Law Society of Scotland said that that power was

“very broad and … an unwarranted extension of ministerial powers into the authorisation rules and practice rules for legal businesses.”—[Official Report, Delegated Powers and Law Reform Committee, 24 October 2023; c 37.]

The Law Society said that no amendment would make that power acceptable. Do you still want to keep section 41(2) in the bill?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

To be absolutely clear, you are seeking to amend section 41(2) but you want to keep it in some form.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

Do you not accept that it is an overreach of politicians into the legal world?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

Section 41(6) contains a power for the Scottish ministers to make regulations to allow category 1 regulators to extend the scope of their authorised legal business rules to capture other services provided by the businesses that they regulate in addition to legal services. The Law Society has questioned what other services the Scottish Government is thinking about that the power could be used to cover and that are not already covered by legal services as defined in the bill. It is suggested that the power may allow ministers to change the definition of legal services “by the back door”. What is your response to that?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

I am still not quite sure why primary legislation cannot be used.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

Good morning. On the general point of giving the power to the Lord President, there is concern from the Law Society and the Faculty of Advocates about the role of the Lord President. From your conversations with stakeholders, is there a concern in the judiciary that we are giving powers to the Lord President that could be seen as making him or her take political decisions, which is clearly not what the Lord President is there to do? Have concerns been raised that it is inappropriate for the Lord President to do that type of work?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

Two weeks ago, we took evidence from the Faculty of Advocates and the Law Society of Scotland. It became clear that the Law Society in particular seemed to be fundamentally opposed to the provision at section 35 that would allow the Scottish ministers to make replacement regulatory arrangements in circumstances in which a regulator has ceased operating or is likely to cease operating. Could you address those concerns and the appropriateness of acting by subordinate legislation in an urgent situation rather than by bringing primary legislation to the Parliament?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

Are the Lord President and the judiciary happy with the extension of those powers?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Jeremy Balfour

How would that be done? Do you foresee that happening through regulation or the bill?