The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 3402 contributions
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
That is clear.
The scale of the issue interests me. I will read out something that Professor Collins sent us:
“Although the incomplete coverage of legal services (both market access and mobility) in the TCA is a cause of concern for some UK lawyers, whether it is a significant practical problem for the UK legal profession as a whole is unclear. The number of UK-qualified lawyers that had been providing advice on EU law or the laws of EU Member States was almost certainly small relative to the size of the profession and the value of transactions, even before Brexit.”
I am not going to ask Professor Collins whether he agrees with that, because he wrote it. Dr Marks and Dr Anderson, do you agree with Professor Collins’s statement?
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
Currently, is it the case that if you fly in to a country with the necessary visa, you can invoice for any work done?
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
That is a transparency issue.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
So, it is all theoretical, because without the ability to invoice, there is no point in going.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
Dr Marks, in relation to FIFO, you talked about people flying in and doing some legal business. I imagine that most that work would be commercial and contract related.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
So, you are really talking about appearances before EU courts.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
Yes—I think that we can all agree on that.
Dr Anderson, do you want to say anything?
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
I have one last question, which is about other jurisdictions outside the European Union that have shown a path to making the situation even better than it is currently assessed as being.
From a commercial point of view—I am not sure whether this is true for the legal profession; that is why I am asking—one good example is Switzerland, which is outside the European Union but has a long-term relationship of almost constant negotiating and nudging in order to try to smooth things out. Can we learn something from Switzerland, or is there another jurisdiction that we can see as a bit of a trailblazer in that regard?
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
Therefore, with regard to opportunities for legal services, in the context of us dealing with commercial transactions and contract-related issues, things are pretty much as they were.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 31 October 2024
Stephen Kerr
I am interested in the relative quantum of that happening here and our advocates appearing in an EU setting. I understand what you are saying about the EU courts, but I am talking about the national setting.