Amendments proposed for Legal Profession etc Bill
8 Sep 06
Executive to put forward measures to support independence of new complaints body
The Scottish Executive is to move more than 300 amendments to the Legal Profession and Legal Aid Scotland Bill.
The Law Society of Scotland and the Faculty of Advocates had raised concerns about the original bill, mainly relating to the proposed Scottish Legal Complaints Commission (SLCC) which they said would be controlled by ministers, threatening the independence of the legal system.
During the bill's stage 1 debate in the Scottish Parliament yesterday, Deputy Justice Minister Hugh Henry announced that the Executive will bring forward amendments to underline the SLCC's independence from ministers.
Ministers will no longer have any power in the general direction of the commission and the Lord President will have a role in removing members of the commission.
Formal determinations of complaints will only be made by commission board members, who will serve a fixed term of four to six years, to give them security of tenure.
The Executive has also accepted that lawyers exonerated of a complaint should not have to meet a handling levy, a particularly contentious proposal for solicitors who felt it would leave them open to blackmail by clients. It appears that the levy will still be payable but will be refunded if the determination favours the solicitor.
The President of the Law Society of Scotland, Ruthven Gemmell, said: “The Society has consistently stated that it wants change, is looking for a body which is independent of the Society and the Executive to handle service complaints, but that it has serious concerns about the workability of the bill.
"This number of amendments means that the Executive have realised the work to be done on the bill to get it right.
“Regulation is a difficult task but the legislation must ensure that 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."
The Society also welcomed the change of heart over the handling levy, which it had criticised as grossly unfair.
The Society said it will continue to work to ensure that the bill’s flaws are addressed, and that its proposals will allow the Society and the new Commission to do their work effectively for everyone concerned.