Committee backs Legal Profession Bill principles

Justice 2 Committee welcomes bill but says some measures need more discussion

News, 30 June 2006

Holyrood's Justice 2 Committee has asked the Executive to look more closely at the proposed regulation process for complaints against solicitors.

The committee's report on the Legal Profession and Legal Aid (Scotland) Bill, published today, endorses the general principles of the bill, which will establish the Scottish Legal Services Complaints Commission to investigate complaints of inadequate professional service.

However, while the majority on the committee supports allowing the professional bodies (the Law Society of Scotland and the Faculty of Advocates) to continue to deal with alleged professional misconduct, it recommends the Executive carefully examines how complaints should be handled where a dispute arises over whether the complaint relates to service or conduct, as the distinction may be difficult to implement.

Concerns

The committee has also raised concern over the proposal to fund the new Commission partly through a complaints levy payable by the solicitor complained against. This, the committee believes, should only be payable when a complaint is upheld.

Senior legal figures have argued that aspects of the bill would not comply with the European Convention on Human Rights. The report states it would welcome a response on these points from the Executive before the stage 1 debate, which is expected to take place in early September.

Committee convener David Davidson said: "We welcome the reforms set out in the bill. It is vital that the arrangements for complaints handling are independent and command the confidence of the public, complainants and the legal profession.

"The committee believes that a complaints levy should be payable only where a complaint is upheld and recommends that the bill should be amended accordingly. Our committee believes that a true 'polluter pays' system should only penalise those who breach the relevant standards."

The committee also welcomes the proposed reforms to publicly funded legal advice but wants to see the not-for-profit sector permitted to operate on a grant-funded basis.

Society reaction

Douglas Mill, Chief Executive of the Law Society of Scotland, said: “ The committee had a difficult job to do with a bill that had many gaps and guesstimates in it. They have been careful to look for a balance of the evidence before them and seek answers to the questions that an increasing number of people are looking for from the Scottish Executive."

Of the committee's view on the complaints levy, he added that the committee had sought to ensure that there was an element of fairness in the bill: "[The Executive's] proposal is clearly unfair and contrary to natural justice, as highlighted by the Society. We hope the Scottish Executive adopts the committee’s position on this matter.”

Mr Mill continued: “The Society has highlighted its concerns now to both the Scottish Executive and the Justice 2 Committee. The flaws must be addressed if the bill is to work and that is the fundamental issue in all of this. The handling of service complaints by an independent body has the support of the Society as do the increased powers for the Society to make findings of unsatisfactory professional conduct."

SCC welcome

Welcoming the report, Martyn Evans, director of the Scottish Consumer Council, said: "We are delighted that the Justice 2 Committee has endorsed the general principles of this bill, which we strongly support.

"The Scottish Consumer Council believes that an independent Scottish Legal Complaints Commission will make a real difference to public confidence and to standards of customer service from solicitors and advocates."