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Holyrood to debate legal shake-up Holyrood backs legal reform bill
(1 day later)
MSPs are set to debate proposals to create an independent commission to investigate complaints against the legal profession. The creation of a new independent commission to handle complaints against Scotland's lawyers has been approved in principle by MSPs.
The new body will have the power to handle complaints against advocates and solicitors and order them to pay up to £20,000 in compensation.The new body will have the power to handle complaints against advocates and solicitors and order them to pay up to £20,000 in compensation.
The move is opposed by the Law Society and the Faulty of Advocates. The Law Society of Scotland and Faculty of Advocates fear it could undermine the profession's independence.
But ministers say they want to improve public confidence in the handling of complaints against lawyers. However, ministers announced that they were planning a series of concessions.
The Legal Profession and Legal Aid (Scotland) Bill would also make it possible to for a wider range of professional and other bodies to provide legal representation. Deputy Justice Minister Hugh Henry said the Scottish Executive would bring forward amendments at the second stage of the Legal Profession and Legal Aid (Scotland) Bill's progress through parliament.
More powers Consumer interests will be well represented at the heart of the organisation Hugh HenryDeputy Justice Minister
And it would allow the Scottish Legal Aid Board (SLAB) to fund specialist advisors who are not lawyers. It passed stage one on Thursday, with both the Scottish National Party and the Conservatives endorsing the bill's general principles.
The bill would also make it possible for a wider range of professional and other bodies to provide legal representation.
It would allow the Scottish Legal Aid Board (SLAB) to fund specialist advisers who are not lawyers.
The proposed Scottish Legal Complaints Commission would have more powers than the current legal ombudsman.The proposed Scottish Legal Complaints Commission would have more powers than the current legal ombudsman.
Its staff of about 50 people would be able to investigate any complaint from the public about poor service by a solicitor or advocate.Its staff of about 50 people would be able to investigate any complaint from the public about poor service by a solicitor or advocate.
Consumers need to be assured that their complaints will be handled impartially and efficiently Hugh HenryDeputy Justice Minister Series of amendments
Matters of professional misconduct would still be handled by the Law Society of Scotland, while the courts would deal with allegations of negligence or fraud.Matters of professional misconduct would still be handled by the Law Society of Scotland, while the courts would deal with allegations of negligence or fraud.
Deputy Justice Minister Hugh Henry said: "We are absolutely committed to the principle of a fully independent legal profession. During Thursday's debate, Mr Henry said a series of amendments would be brought forward to underline the body's independence from ministers.
"We also want to see a legal profession which is properly regulated. Consumers need to be assured that their complaints will be handled impartially and efficiently." These would include moves to give the lord president a role in removing members of the commission.
Members of the commission would be appointed by ministers. The bill has passed to the next stage of the Holyrood process
The Law Society of Scotland, the Faculty of Advocates and former judge Lord McCluskey have argued that it would undermine the independence of the legal profession. Formal determinations of complaints will only be made by commission board members.
The Conservatives' justice spokeswoman Margaret Mitchell said her party could sign up to the general principles. Mr Henry said: "With a non-lawyer majority on its board, consumer interests will be well represented at the heart of the organisation.
'Historic breakthrough' "The appointments will be made by Scottish ministers and the appointments process will be subject to oversight by the Scottish Commissioner for Public Appointments. This will ensure appointment on merit."
But she said it was a "very technical" bill where the devil was in the detail, adding that her party had "grave concerns" about the complaints levy. Mr Henry said the public had a "lingering doubt" that a system where the legal profession investigated complaints against lawyers was "neither impartial nor transparent".
If the proposals pass through stage one on Thursday, the Conservatives will attempt to amend parts of the bill at the next stage of the parliamentary process. The president of the Law Society of Scotland, Ruthven Gemmell, said the 300 amendments being proposed to the bill showed that ministers had realised the work which needed to be done to get it right.
Scotland's Citizens Advice Bureaux said they hoped the debate would give them a "historic breakthrough". 'Robust' system
They offer free advice and representation on a range of issues, but do not currently qualify for legal aid funding. "Regulation is a difficult task but the legislation must ensure that the society, the Faculty of Advocates and the Scottish Legal Services Commission need up-to-date, workable legislation if the objectives of the bill are to be achieved."
Case-by-case funding would require bureaux to means-test our clients, breaching our fundamental principle that advice should be free to everyone Kaliani LyleCitizens Advice Scotland Labour MSP Gordon Jackson, who is also a leading lawyer, gave the bill his support.
It was originally proposed to give funding to non-solicitors on a case-by-case basis. He said the existing system was "robust" and stressed it was wrong to think that lawyers covered up for one another.
However, umbrella body Citizens Advice Scotland wants ministers to introduce an amendment which would entitle them to wider grant funding for legal work. Justice needs to be seen to be done Kenny MacAskillSNP justice spokesman
"This single move would strengthen civil justice for ordinary people, as well as giving a massive boost to the CAB service," said chief executive Kaliani Lyle. However, he added: "This is about public perception."
"Case-by-case funding would require bureaux to means-test our clients, breaching our fundamental principle that advice should be free to everyone. Scottish National Party justice spokesman Kenny MacAskill said the current legal system had served Scotland well, but changes to the complaints system were necessary.
"It would create a two-tier system in which some clients are able to access legal aid and some are not." "Justice needs to be seen to be done," he said.
"The general public did not believe they were well served in terms of complaints against solicitors so, irrespective of what was happening, change had to take place."
Tory justice spokeswoman Margaret Mitchell said the complaints system was seen as being "heavily weighted" in favour of solicitors.
However, she said the "crucial point" was that the new commission should be independent of the Scottish Executive.