News In Focus
4 March 2010
"Independence" war of words heats up
A claim that the Law Society of Scotland had signed the "death warrant" for professional independence in Scotland through its support of the Legal Services (Scotland) Bill was robustly defended by the Society last night.
In his blog for the Firm Magazine, Govan Law Centre solicitor Mike Dailly accused the Society of "supine naivety [and] acceptance of civil service diktat" in the face of the "regressive, undemocratic and unconstitutional proposals" of the bill, which would allow legal practices to be owned by non-lawyers and increase the non-lawyer representation on the Council of the Society, with power in ministers to set criteria for appointment of these members.
Section 92 of the bill (which contains the provisions about Council) would, he claimed, "hand control of Scotland’s legal profession over to the Scottish Government lock, stock and barrel".
In response the Society insisted that from the very outset of discussions on alternative business structures, it had maintained that "the independence of the legal profession is fundamental".
"The arrival of the Bill has not changed that view", it said. "In its response to the Bill and during parliamentary evidence sessions, the Society insisted that independence is essential and that the role of the Lord President should be strengthened to ensure that this remains the case. The Society will continue to lobby changes to section 92, which has been raised as a concern by both the Society and its members."
Under the bill, it added, ministers could prescribe the proportion of lay members on the Society's Council if they consider it necessary to achieve an adequate number. "Before these regulations are made", the Society said, "Scottish ministers have to consult with Council, the Lord President, OFT and other consumer bodies. That would only be the case if the Society failed to implement section 92 properly. Only the Society can appoint any lay members to the Council, not Scottish ministers.
"It should be remembered that most other professional bodies have for many years appointed lay members because of the qualities, expertise and talent they bring, including the GMA (General Medical Council), GDA (General Dentists ' Council), ICAS (accountants), RICS (surveyors) and the BMA (British Medical Council), which although is a representative body also has large patient representative committees."
The consumer lobby has been pressing for at least 50% lay membership of Council, but the Society has resisted this and 20% has been agreed as appropriate by ministers. The Society points out that lay members have also been on the Society's regulatory committees for around 20 years and all now have 50% lay membership. Non-regulatory committees are predominantly made up of practising solicitors.
"None of this represents a handing over of independence of Scotland's largest legal profession, and taking an antagonistic stance does not help negotiate any long term benefits for the profession", the Society added."