Praise for MSP debate on Legal Profession Bill
14 Dec 06
Law Society gladdened by cross-party consensus on key issues
MSPs have unanimously agreed to set up an independent commission to deal with consumer complaints against lawyers, following yesterday’s parliamentary debate on the Legal Profession and Legal Aid (Scotland) Bill.
However, they have also agreed to allow a right of appeal on decisions made by the new Scottish Legal Complaints Commission.
As well as the new commission, the new powers in the Bill will:
• make proportionate redress available to consumers when complaints are upheld, including compensation of up to £20,000 in cases where substantial loss has been sustained as a result of a lawyer's negligence.
• transfer the power to grant legal aid in solemn cases from the courts to the Scottish Legal Aid Board (SLAB).
• enable SLAB to provide grants to pay for civil advice provision or the support or develop its provision.
• allow SLAB to fund advisers with appropriate skills and expertise, not just solicitors. This will include experienced non-lawyers in the voluntary sector who specialise in social justice issues and
• enable a wider range of legal service suppliers to provide representation, by permitting provisions in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 dealing with extension of rights of audience and rights to conduct litigation to be commenced.
The Law Society of Scotland welcomed the debate on the issue, as at yesterday’s stage 3 debate Labour’s Jackie Baillie lodged amendments allowing a limited right of appeal, which was backed by ministers.
The Society’s president Ruthven Gemmell said: “The cross-party consensus on a number of key issues was evidence of a parliament that is prepared to consider a range of views and come to a consensus.
"There was a lengthy debate on the Bill’s compliance, or otherwise, with the European Convention on Human Rights. This matter was highlighted by the Society at the outset of the reform process and has been drawn consistently to the attention of ministers.”
Douglas Mill, the chief executive of the Society, also added his approval, saying: “The parliament have taken steps today to try and ensure that the legislation is both legal and fair by permitting an appeal against decisions of the proposed Scottish Legal Complaints Commission (SLCC) to the Court of Session in certain circumstances.
“The Society promoted the appeal for both clients and solicitors which has, after amendment at the Stage 3 debate in parliament today, been included in the bill and which the Society believes will be of benefit to clients and solicitors alike.
"A number of other positive amendments were also brought forward, which it is hoped will improve the legislation to ensure that it can work in practice, something the Society has promoted from the start of this process.
Mr Mill said the Society would be examining the amendments in detail and would continue to work with the Scottish Executive and the SLCC to highlight any areas of concern.
Until the commission is set up, the Society will continue to handle all complaints against solicitors - both conduct and service complaints. After the Commission comes into existence the Society will handle conduct complaints only.
Deputy Justice Minister Johann Lamont said: "This bill, which has now received cross-party support, will create an independent complaints handling body that has the interests of consumers at its heart and will also enable legal representation to be provided by a wider range of professionals.
The Scottish Consumer Council also added its approval.
Director Martyn Evans said: "This bill is an important step forward. It will introduce much greater transparency and independence into how complaints against solicitors and advocates are handled.
"This is very much in the interests of consumers, as well as the legal profession. A system that is seen to be transparent will command greater public confidence and credibility.
"The bill also gives the public greater choice when they seek legal advice or representation which is very welcome."