Lawyers voice independence fears
5 Sep 06
Survey reveals more than a third think legal system threatened by government
More than a third of lawyers think the Scottish Executive does not respect the independence of the legal system, according to research carried out by the Law Society of Scotland and the Scotsman newspaper.
A total of 36.1% of more than 500 surveyed, thought the Executive did not respect their independence, while 34.1% thought the same about the UK government.
The results are released on the eve of the debate on the independence of the profession, "Balancing the Scales of Justice", organised by the Society and taking place tomorrow in the National Galleries, Edinburgh.
The survey also found that a total of 39.9% of respondents believe solicitors are over-regulated, while 76.6% agree that the independence of the Scottish Legal Complaints Commission will be compromised if appointments are made by Scottish ministers.
Questionable benefit
A sizeable proportion (38.9%) thought the Scottish Parliament had not benefited the Scottish legal system, while 49.7% responded that the legislation passed by the Scottish Parliament had been of "slight" benefit and 22% believed it had been of great benefit.
When asked if they had ever responded to a Scottish Executive legislative consultation, or contacted the Society or an MSP about legislative issues, 55.9% said they had, while 77.8% agreed that the Society should consult on its statutory duty to represent both the public and the profession.
The survey also found that most lawyers in Scotland get their information on legal issues from the Journal of the Law Society of Scotland - a total of 69.5%, with 34.9% citing the Society's website and smaller percentages the newspapers.
The Law Society's president Ruthven Gemmell said Scotland had a proud legal history, which sould be safeguarded.
He said: "The research shows real concern in Scotland about the independence of the Scottish legal system. Independence is a concept which reaches to the core of the legal profession that in practice can affect the basic rights and lives of citizens in Scotland.
"Democracy sits balanced between the law and politics and that balance can be fragile, which is why the Society and its members have raised strong concerns about aspects of the Legal Aid (Scotland) Bill and their potential to erode that independence."
The Society's debate will be addressed by Sternford Moyo, the former president of the Law Society of Zimbabwe, Professor Sir David Edward QC and Lord McCluskey.
There will also be an open debate, with Magnus Linklater chairing a panel of experts including Alistair Bonnington of the BBC, Jane Irvine, the Scottish Legal Services Ombudsman and Gerard Brown of the Society's Council.