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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 16 November 2024
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Displaying 1054 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

If it is not Parliament or the Government that intervenes—again, you outlined some of this in your opening answer—who should have that power?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

I think that Oliver Mundell has picked up most of what I was going to ask, but there is still something that I am trying to grasp. Quite a number of years ago, my father was a prosecutor for the Law Society; when he was instructed by the Law Society to prosecute a case, he just got on and did it, completely independently and without any interference. How is that different from the whole bureaucracy of having an independent person do this? Is it purely, as you have said, a perception issue? If so, it seems like a lot of money to spend on what is purely a matter of perception. I found it interesting that in your opening statement you talked about lawyers looking after lawyers. Did you get any evidence of such incidents, or is that just a perception?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Before Morag Ross comes in, I note the caveat that the Lord President would have to give consent. Does that not give you any comfort?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

I turn to section 41(2) and (6). The latter, for example, gives the Scottish ministers regulation-making powers to allow category 1 regulators to extend the scope of the authorising and regulating legal businesses rules. What are your reflections on the scope of the powers in those subsections, including whether they should be necessary in practice?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Ms Wood, will you clarify something that you said? I think that you said that, if the provision in section 41(6) is to be included, any changes should be subject to primary legislation. I might have missed what you said with regard to section 41(2). I appreciate that you do not want that provision at all, but, if it is included, should any changes be made through primary legislation or should that be done through regulations? Is there no way that we can make section 41(2) acceptable to the Law Society?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Good morning, and thank you for coming, Esther. You dealt with some of this in your opening answer, but what is your view on the Regulation of Legal Services (Scotland) Bill, which the Government has introduced? Perhaps you could concentrate on the delegated powers aspect.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

That is helpful. Just to push you slightly, do you think that there should be any delegated powers?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Okay—thanks.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

I would like to go into policy, but as I cannot, I will steer away from that and not ask any more questions.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Jeremy Balfour

Section 20(6) of the bill confers a power on the Scottish ministers to make regulations specifying other measures that they may take in relation to a legal regulator following a review of their regulatory performance. Do you have any concerns regarding the delegation and scope of that power?