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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 7 February 2026
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Displaying 529 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

My concern is that we could end up in a situation in which the Parliament says that it is okay to proceed but in which the Lord President says that it is not. I would like to get a sense of how big a problem you think that would be. I fear the politicisation of the Lord President’s role. As you said, Parliament is here to make the law. Parliament might think that something should be the law of the land, but the judiciary might block that. Are there examples of the Lord President having that sort of role in other areas of the law? How might an impasse like that affect the legal profession?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

No answer at all?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

You have made strong representations at the meeting and throughout the process. Do you get any sense that the Government is listening to that feedback? What is the engagement on the issue? Given that you have said that it is “No, no, no” for you, is there a sense that that is being listened to?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

So you do not have a firm view on the specific delegated powers.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

I do not deny that. I just felt that it was important to clarify that the sector is probably still a bit more diverse than just 16 firms.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

Yes, I have a question about section 5. I want to understand the evolution of the regulatory objectives and professional principles. The Government is saying that the power in section 5 is needed because that would be a more efficient way of making any changes that are needed in the future. What is the timescale over which the current objectives and principles emerged? How quickly does strategic change happen?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

That is helpful. I was just trying to understand the position, because the memorandum talks about changing circumstances. Over that longer period, there have been lots of changing circumstances and, if the principles have generally remained constant, I would just like to understand the efficiency argument for changing them. However, that is more of a comment than a question.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

What would that look like, as a process? You mentioned having a statement of reasons. I am just trying to understand where that would fit in. Obviously, all secondary legislation that comes to the Parliament comes with an explanation from the Government, setting out the need for it at the time.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Oliver Mundell

Sorry to interrupt, but have you asked for any more information from the Government?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Oliver Mundell

I want to push a bit more on framework bills. They give ministers and the Government increased flexibility, but Parliament loses something in the process. I know that there is always a trade-off between Parliament and Government—I accept that—but as an individual member of the Parliament I worry about my ability to influence the likes of the proposed agriculture bill on behalf of my constituents. If everything is in secondary legislation, the chance to lodge amendments, to have them voted on and to have a transparent debate and process is limited. That changes the nature of the debate and negotiation on a policy. One example is that the committee’s members—or a majority of the members of the committee—had the same view on the National Care Service (Scotland) Bill. What is your reflection on that, as a parliamentarian?