Seòmar agus comataidhean

I see that colleagues have no final questions. Minister, is there anything else that you want to put on the record?

I thank the minister and his officials for their evidence. The committee might follow up with a letter with any additional questions stemming from the session.

Welcome to the fourth meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off their mobile phones and other electronic devices or set them to silent.

At some point during the meeting, I will need to leave for a short while, because I have lodged an amendment on the Regulation of Legal Services (Scotland) Bill, which is due to be debated at the Equalities, Human Rights and Civil Justice Committee this morning. At that point, I will hand over to my deputy convener to chair the meeting until my return. I will suspend the meeting briefly when we swap over.

The first item of business is to decide whether to take items 5 to 7 in private. Are members content to take them in private?

Members indicated agreement.

Under agenda item 2, we are considering an instrument subject to the affirmative procedure, on which no points have been raised.

Is the committee content with the instrument?

Members indicated agreement.

Under agenda item 4, we are taking evidence on the committee’s inquiry into framework legislation and Henry VIII powers.

We are joined by Jamie Hepburn MSP, the Minister for Parliamentary Business. The minister is accompanied by three Scottish Government officials: Alison Coull, deputy director of the Scottish Government legal directorate, rural affairs division; Fraser Gough, from the parliamentary counsel office; and Steven MacGregor, head of the Parliament and legislation unit. I welcome all the witnesses to the meeting. Do not press the buttons on your microphones—that will be done for you when you are going to speak. I offer the minister the opportunity to give some opening remarks before we start the questioning.

Thank you very much, minister. I will open up with a question, before passing on to colleagues.

In your opening comments, you mentioned the issue of whether we should have a definition of framework legislation. In effect, you said that you agree with the majority of the evidence that we have heard, including from academics, that a definition would probably be impossible or far too challenging to undertake.

With that, if a bill were to be introduced that was defined as a framework bill, would that improve the scrutiny and transparency work that the committees and the Parliament undertake on such legislation, or is that a moot point?

Good morning, everyone.

Amendment 524 will repeal section 13 of the 2007 act, which has the provision that currently allows the SLCC to publish a report of a services complaint in certain circumstances. Amendments 526 and 527 are consequential to amendment 524.

Following my engagement with the SLCC, amendment 533, in my name, will allow the SLCC to confirm or publicise that it is investigating a complaint where it would be in the public interest to do so. That provision will significantly enhance the ability of the SLCC to be open and transparent regarding complaints about legal practitioners.

Amendment 534 will allow the SLCC to take a proactive approach to disclosing information regarding large-scale complaints, such as in relation to the case of McClure Solicitors, which colleagues will be aware of my interest in.

I hope that the ability to provide proactive information and disclose the outcome of complaints will significantly improve the information that can be provided to consumers of legal services and improve public confidence. The amendment will allow for greater information sharing between regulatory bodies, where it would support the exercise of the bodies’ regulatory functions.

In terms of what a regulatory body is, the amendment will allow the regulatory bodies to be listed by the Scottish ministers in regulations. Those regulations would be subject to the affirmative procedure. That power may be used only following consultation with all category 1 and 2 regulators—the commission, the consumer panel, the Lord President, and other regulators. The results of that consultation must be published before regulations are laid in Parliament, and the Lord President must agree to the Scottish ministers’ proposal to make the regulations.

I move amendment 524.

Good morning, everyone.

Amendment 524 will repeal section 13 of the 2007 act, which has the provision that currently allows the SLCC to publish a report of a services complaint in certain circumstances. Amendments 526 and 527 are consequential to amendment 524.

Following my engagement with the SLCC, amendment 533, in my name, will allow the SLCC to confirm or publicise that it is investigating a complaint where it would be in the public interest to do so. That provision will significantly enhance the ability of the SLCC to be open and transparent regarding complaints about legal practitioners.

Amendment 534 will allow the SLCC to take a proactive approach to disclosing information regarding large-scale complaints, such as in relation to the case of McClure Solicitors, which colleagues will be aware of my interest in.

I hope that the ability to provide proactive information and disclose the outcome of complaints will significantly improve the information that can be provided to consumers of legal services and improve public confidence. The amendment will allow for greater information sharing between regulatory bodies, where it would support the exercise of the bodies’ regulatory functions.

In terms of what a regulatory body is, the amendment will allow the regulatory bodies to be listed by the Scottish ministers in regulations. Those regulations would be subject to the affirmative procedure. That power may be used only following consultation with all category 1 and 2 regulators—the commission, the consumer panel, the Lord President, and other regulators. The results of that consultation must be published before regulations are laid in Parliament, and the Lord President must agree to the Scottish ministers’ proposal to make the regulations.

I move amendment 524.