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Section 23 — Duty of Commission to make rules as to practice and procedure
Legal Profession and Legal Aid (Scotland) Bill: Stage 3
2:55 pm
Trish Godman (Labour)
Group 17 is about publication of and consultation on rules as to the commission's practice and procedure. Amendment 66, in the name of David Davidson, is grouped with amendments 67 to 70.
Mr David Davidson (Conservative)
Amendments 66 and 67 enhance accountability and transparency, which is essential in a process as technical as the workings of the SLCC. Amendments 68 and 70 ensure that the rules for the levies are published, so that no one is under any illusions about what may or may not happen and there is absolute clarity in the bill. I believe that the amendments will enhance the bill.
I turn to amendment 69, in the name of the minister. I very much welcome the involvement of the Lord President in the making of rules. The previous Deputy Minister for Justice will remember that my colleague Bill Aitken introduced the subject at stage 2. We believe that the system should not be run by ministers and that it should be possible to get the best advice on the setting of rules. We welcome amendment 69 and will support it.
I move amendment 66.
Johann Lamont (Labour)
We continue this afternoon as we started this morning.
Amendment 69 adds the Lord President to the list of those whom the commission is required to consult before making or varying its rules of procedure. That should help to provide further reassurance that the rules will be fair and will further reinforce the reality that the full commission and its determination committees will act as an independent and impartial tribunal when ruling on the merits of complaints. I welcome the support that has been given to the amendment.
I support the other amendments in the group. Amendments 66 and 67 would place a slightly more stringent duty on the commission in relation to the publication of its rules and any changes to them. Instead of being required to publish the rules from time to time, the commission will be required to publish them as soon as is reasonably practicable and to make them available to the public in a readily accessible form. We accept that that will promote transparency.
Amendments 68 and 70 would remove the current exemption to the duty on the commission to consult before making or varying its rules, where those relate to the annual levy and complaints levy. Originally we thought that the commission's duty to consult the profession each year on the size of the levies under section 20 afforded sufficient protection, but we have no objection to a wider duty to consult.
Mr David Davidson (Conservative)
I thank the minister for understanding what we are seeking to do to improve the bill. I very much welcome her support in these matters.
Amendment 66 agreed to.
Amendments 67 and 68 moved—[Mr David Davidson]—and agreed to.
Amendment 69 moved—[Johann Lamont]—and agreed to.
Amendment 70 moved—[Mr David Davidson]—and agreed to.