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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 18 September 2025
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Displaying 921 contributions

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Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 25 October 2023

Bill Kidd

That is very helpful. Thank you.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 25 October 2023

Bill Kidd

That is extremely useful. As you know, the updated financial information estimates the cost of providing aftercare support for children over the age of 16 when they leave secure care at around £200,000 a year. It is being suggested, as you have addressed, that that could be absorbed into existing aftercare services. Has how much would be required going forward been thought about if that money cannot be absorbed into existing budgets? It is a considerable sum of money considering the number of young people we are talking about. Are there on-going talks to address that issue?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

We are talking about regulations and the legal system. Paragraph 23 of schedule 2 provides that, when a regulator has acted or failed to act in a way that has had, or could have, an adverse impact on the observance of any of the regulatory objectives, and the matter cannot be addressed adequately by ministers taking measures such as setting performance targets or imposing a financial penalty, the Scottish ministers may make regulations to change or remove some or all of the functions of the regulator. The idea is that there would be additional requirements for the regulations, including the need to share them with consultees or lay them in draft before the Scottish Parliament. Do you have any reflections on the delegation of that power? Do you have any concerns about it? The super-affirmative procedure was mentioned earlier. How do you see that working or not working in relation to the exercise of that power?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you very much for your presentation. You are obviously aware of—and you have actually made remarks about—comments that have been made by key legal stakeholders in response to your report and the bill as introduced by the Government. The Government has indicated in response to some of the concerns expressed that it plans to lodge amendments at stage 2. Do you have a response to what it has proposed, and do you have any views specifically in relation to criticisms from legal stakeholders about the delegation of powers in the bill?

09:45  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Asking this might be too much, because you have not seen what the proposals are as yet, but can you see any way towards a meeting of minds?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you for that, because that is exactly what I was going to ask you about. Given that it is five years since the report was produced, is everything in the report as up to date as it could be?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you for your responses so far. Section 8 talks about regulatory categories and sets out that a regulator of legal services providers is subject to different requirements according to whether it has been assigned as a category 1 or category 2 regulator. It says that the Law Society of Scotland is assigned as a category 1 regulator and that the Faculty of Advocates and the Association of Commercial Attorneys are assigned as category 2 regulators.

As you have already noted, section 8(5) gives a power to Scottish ministers that would enable them to reassign legal regulators between category 1 and category 2, which would change the requirements that such legal services regulators are subject to. The Scottish Government has stated that that regulation-making power is required so that ministers can respond to any fundamental changes that regulators undergo. Can you imagine what those fundamental changes would be?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Morag, would you like to add anything?

10:30  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Those are very clear standpoints. Thank you very much indeed.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

On that basis, do you agree that such regulations should have to meet additional requirements and that, therefore, they would have to be laid in draft before the Scottish Parliament before they could be made?

11:30