Remit of regulation inquiry into legal profession
27 Sep 04
The Scottish Parliament Justice 1 Committee announces the remit of its major inquiry into the regulation of the legal profession in Scotland
The Scottish Parliament’s Justice 1 Committee has formally announced the remit of its major new inquiry into the regulation of the legal profession in Scotland.
The Committee wishes to investigate the effectiveness of the current approach to and framework of regulation of the legal profession and of legal services in Scotland. In particular the Committee wishes to investigate:
- the framework of regulation of the legal profession and of legal services in Scotland (statutory and voluntary framework, the organisations involved and their roles and responsibilities),
- the operation of the regulatory framework (how each professional group is regulated, the processes involved and the relationship between the regulatory bodies and between the regulatory bodies and the Ombudsman), and
- the effectiveness of the current regulatory framework (including how accessible and open the framework is, levels of satisfaction with the current framework and the need for an element of independence).
The Committee is aware that a clear regulatory framework for some of those involved in the provision of legal services in Scotland may be absent.
Scope of the Inquiry
The Committee wishes the scope of the inquiry to cover all branches of the legal profession within Scotland, including: advocates, solicitors (including solicitor advocates), qualified conveyancers and executry practitioners, judges (including sheriffs and justices), fiscals, and sheriff officers.
The Committee recognises that these categories of professionals do not cover all groups providing legal services or advice on legal issues. Thus, the Committee also wishes the scope of the inquiry to include other relevant groups (whether or not covered by a professional body), including those offering advice or assistance in relation to legal issues though lacking formal legal qualifications. In this respect, the inquiry will cover those acting for reward (e.g. non-legally qualified claims assessors) as well as those acting for advice agencies.
While the Committee wishes to receive evidence on the effective operation of the current system it will not act as an investigative body for individual cases.
The first stage in the Committee’s inquiry process will be to seek written evidence from interested parties. The deadline for such evidence is 15 August 2001. Oral evidence sessions will be scheduled to take place in October and November 2001. This major inquiry, including a final report to the Parliament, is likely to last around a year.
Representatives of The Law Society of Scotland briefed the Committee last month as to the present arrangement of its varying regulatory roles. Led by President Martin McAllister the Society explained the scope of its professional regulation, co-regulation with Government agencies and external regulation.
The inquiry has also invited written evidence from a variety of legal organisations, academics, government departments, lobby groups and other interested bodies.
SCESB
The Society is prepared, in principle, to assume responsibility for the Scottish Conveyancing and Executry Board (SCESB).
Minister for Finance and Local Government Angus MacKay announced the proposal to transfer SCESBs role and function to the Society as part of the outcome of the review of Scottish public bodies.
The Society will take initial discussions with the Executive further if the decision at the end of the consultation period is that the Society should assume responsibility for the current members of SCESB.
The Society stressed it is paramount that the interests of the consumer in terms of service and cost are fully considered and the best result achieved in all the circumstances.
SCESB was established under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Practitioners registered with the Board may undertake conveyancing or executry work. The Board currently supervises 11 registered practitioners, nine of whom work within solicitors’ firms.