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Holyrood backs legal reform bill | |
(1 day later) | |
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 Law Society of Scotland and Faculty of Advocates fear it could undermine the profession's independence. | |
However, ministers announced that they were planning a series of concessions. | |
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. | |
Consumer interests will be well represented at the heart of the organisation Hugh HenryDeputy Justice Minister | |
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. |
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. |
During Thursday's debate, Mr Henry said a series of amendments would be brought forward to underline the body's independence from ministers. | |
These would include moves to give the lord president a role in removing members of the commission. | |
The bill has passed to the next stage of the Holyrood process | |
Formal determinations of complaints will only be made by commission board members. | |
Mr Henry said: "With a non-lawyer majority on its board, consumer interests will be well represented at the heart of the organisation. | |
"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." | |
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". | |
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. | |
'Robust' system | |
"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." | |
Labour MSP Gordon Jackson, who is also a leading lawyer, gave the bill his support. | |
He said the existing system was "robust" and stressed it was wrong to think that lawyers covered up for one another. | |
Justice needs to be seen to be done Kenny MacAskillSNP justice spokesman | |
However, he added: "This is about public perception." | |
Scottish National Party justice spokesman Kenny MacAskill said the current legal system had served Scotland well, but changes to the complaints system were necessary. | |
"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. |
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