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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 5 May 2021
  6. Current session: 12 May 2021 to 26 April 2025
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Displaying 888 contributions

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Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Fulton MacGregor

Good morning to you and your officials, minister. I have a few questions. You will probably acknowledge from having watched the evidence that no stakeholder that we have heard from supports the full package of reforms in the bill. I had to go back through some of the evidence on that myself. You made the point that some aspects of the bill could be lost and many stakeholders have told us that they support certain aspects of it that are relevant to them. How much of an issue is it that support from the groups that we have heard from is not outright and full? Where are you on that?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Fulton MacGregor

Thank you.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Fulton MacGregor

Where do you think that there might be more benefits for consumers? I will give a specific example that other MSPs are likely to be aware of from constituency work and from an event that my colleague Bob Doris held last week. It relates to McClure solicitors, which went bust in 2021. I have had a couple of queries from constituents on the issue, but I had not thought about this point before Bob’s event last week. Is there anything in the bill that would have helped in that particular situation and that might help in similar situations?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Fulton MacGregor

I hear what you say about striking a balance and I think that the Government has tried to do that. Do you run the risk of ending up with a bill that nobody is very happy with?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Fulton MacGregor

Can you respond to arguments that we heard from the Law Society and others that the case has not been made for splitting regulators into category 1 and category 2, which will be subject to different requirements?

Is it okay to move on to that area, convener?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Fulton MacGregor

Thanks. Convener, I have one final question.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Fulton MacGregor

Like my colleague Karen Adam, I have a couple of questions on the substance of the bill as drafted. Before I ask them, however, it would be remiss of me not to recognise the concerns that you and others have expressed about the bill. We will have a decision to make on its general principles, and it looks as though that will be very difficult. That is coupled with the fact that amendments are coming but we do not know when. However, I will leave that to the side, because you have articulated your concerns well, and move on to my questions.

My first question is a basic one. Do you think that the complaints process under the bill would be more consumer friendly than the existing one?

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 28 November 2023

Fulton MacGregor

What are your views on the fact that the bill as drafted will remove the right of appeal to the Court of Session? We heard from the Faculty of Advocates and the Senators of the College of Justice that abolishing the right of appeal is likely to lead to increased delays and expenses in the complaints process. Would you like to put your view on that on the record?

11:30  

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 21 November 2023

Fulton MacGregor

Thank you, convener, and good morning to the panel members. Thank you for your evidence so far.

Following on from Annie Wells’s line of questioning, I want to come back to something that Roddy Dunlop started to address, which is the faculty’s position that protection should also be extended to the title of “advocate”. Roddy, I want to give you a wee opportunity, if you want it, to expand a bit further on that. You have already said that you can see some issues with that position, but I want to know about the initial thinking around it and whether there are any solutions to the issues that you started to address in a previous answer.

Equalities, Human Rights and Civil Justice Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 21 November 2023

Fulton MacGregor

Thanks for that—it is helpful to get that on the record.

My second question, which I will open up to the whole panel, is a request for thoughts on the rules on alternative business structures, including a request for SLAS to expand on concerns in relation to the rules on the suitability of outside investors.