Results 141–160 of 2729 for speaker:David Davidson

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 45 — Register of advice organisations: advice and assistance (14 Dec 2006)

David Davidson: I welcome the minister's acceptance of the point that was made by my colleague, Bill Aitken, at stage 2. We are pleased that the Executive has lodged the amendment, which will ensure clarity. Amendment 158 agreed to.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 36 — Unsatisfactory professional conduct: solicitors (14 Dec 2006)

David Davidson: I listened with interest to what the minister had to say. I am minded to take her advice not to meddle with the courts. As she knows, we on the Conservative benches like to see the courts acting independently, without ministerial intervention. On that basis, I will move or not move my amendments in the group as appropriate. I press amendment 88. Amendment 88 agreed to. Amendment 89...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 32A — Restriction upon disclosure of information: Commission (14 Dec 2006)

David Davidson: I accept some of what the minister says. I will not move amendments 74 and 84, as I am convinced by her arguments on them. However, I feel that amendment 72 is not supportable on the basis that it limits the legitimate need to disclose in court information that is required to assist a case by a complainer. Amendment 81 is wide and loose, and prevents fair presentation of required evidence....

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 36 — Unsatisfactory professional conduct: solicitors (14 Dec 2006)

David Davidson: I will rattle through the amendments fairly quickly. Amendment 88 is about consistency and would allow the Law Society of Scotland to take into account a decision of the Scottish Solicitors Discipline Tribunal when disciplining a practitioner. Amendment 89 is consequential. Amendment 90 would allow the council of the Law Society of Scotland to take into account other decisions when making...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 29 — Monitoring effectiveness of guarantee funds etc. (14 Dec 2006)

David Davidson: Mr Swinney comes from the insurance sector, and I would have thought that a contract between an individual party and an insurer comes under commercial confidentiality, but perhaps Mr Swinney can enlighten me when he sums up.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 23 — Duty of Commission to make rules as to practice and procedure (14 Dec 2006)

David Davidson: 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...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 23 — Duty of Commission to make rules as to practice and procedure (14 Dec 2006)

David Davidson: 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.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: After section 27 (14 Dec 2006)

David Davidson: I am afraid that I cannot support John Swinney's amendment 5, for the simple reason that what he proposes involves a conflict of interests. If he is so keen that the Executive should have a report laid before it about the performance of the commission, it should not be for the commission to produce the report; that should be done independently. I thought that we had all been arguing about...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 18 — Annual general levy (14 Dec 2006)

David Davidson: I note Stewart Maxwell's comments. In a consensual manner, we are all trying to make this a better bill. With regard to amendments 57, 59 and 62, the minister has delivered what I was seeking to deliver. I thank her for doing so and I welcome her move. On that basis, I will not move amendments 57, 59 and 62.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 20 — Amount of levies and consultation (14 Dec 2006)

David Davidson: Amendment 64 simply aims to make the bill consistent with the year end of the Law Society of Scotland, which would save a lot of work and additional burdens. Since the commission will be a new organisation, I am sure that that change could be accepted by the minister. I move amendment 64.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 20 — Amount of levies and consultation (14 Dec 2006)

David Davidson: I am not sure that the minister appreciates that she is asking the Law Society to be involved in an audit and accountability process when it is only halfway through its financial year. As the bill is about involving the legal professionals who will pay the running costs of the commission once it is set up, it would be helpful if the minister acted consensually and gave way a little bit on the...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 20 — Amount of levies and consultation (14 Dec 2006)

David Davidson: I am told that it will place a burden on the Law Society's staffing levels, which will further increase the cost. As I said, the commission will be funded by practising lawyers who pay their dues. Amendment 64 is a small change to ask for at this time.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 15 — Handling by relevant professional organisations of conduct complaints: investigation by Commission (14 Dec 2006)

David Davidson: Amendment 41 seeks to provide clarity on the compliance of a practitioner. Amendment 42 allows the professional organisations to set the date for the clock to run; when they issue the document, the time starts to run. That should simplify things. Amendment 43 is consequential on amendment 41, and amendment 44 is consequential on amendment 42. Amendments 45 and 47 are consequential on...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 15 — Handling by relevant professional organisations of conduct complaints: investigation by Commission (14 Dec 2006)

David Davidson: I thank the minister for accepting amendments 41, 43, 45 and 47, and I understand her concerns over amendments 42 and 44. Amendment 41 agreed to. Amendment 42 not moved. Amendment 43 moved—[Mr David Davidson]—and agreed to. Amendment 44 not moved. Amendment 45 moved—[Mr David Davidson]—and agreed to.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 16 — Investigation under section 15: final report and recommendations (14 Dec 2006)

David Davidson: Amendment 46 relates to the fact that the commission should deal with merely service complaints. As the bill stands, it places no obligation on the professional organisations, which is neither correct nor appropriate. Amendment 48 covers that. I will not press amendments 49 and 52, because the minister's amendment 50 provides for the same thing. I move amendment 46.

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 16 — Investigation under section 15: final report and recommendations (14 Dec 2006)

David Davidson: It is a matter of principle, with regard to the history and development of professions in the United Kingdom and in other parts of the world, that professional bodies deal with certain matters relating to their members. The commission is not the appropriate place to deal with complaints other than service complaints. On matters of discipline, the professions are famously firm on their...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 12 — Power to monitor compliance with directions under section 8(2) (14 Dec 2006)

David Davidson: I remind the minister that I opened the debate on this group of amendments by saying that, if she made it clear that the Executive would accept the amendments in the name of Jackie Baillie, I would not press the amendments in my name. However, I want to comment generally on the debate, which has been one of the Parliament's better discussions on a crucial hinge in a piece of legislation. When...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 13 — Power to examine documents and demand explanations in connection with conduct or services complaints (14 Dec 2006)

David Davidson: Amendments 39, 40, 71 and 80 seek to provide clarity on the new duty by removing any liability that might result under the confidentiality rules. The amendments are required as a result of the poor drafting of the bill. If the amendments are not accepted, an order will be required to remedy the matter if the requirement to provide documents flies in the face of the rules that the professional...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 13 — Power to examine documents and demand explanations in connection with conduct or services complaints (14 Dec 2006)

David Davidson: I am not totally convinced that the minister has responded fully to the issues that I raised. Did she say that, in some situations, there will be ways to get round the confidentiality rules that apply to legal professionals without altering the status quo? I am not convinced by her argument. It is possible that I misheard what she said, but I do not think she said that it will be all right to...

Scottish Parliament: Legal Profession and Legal Aid (Scotland) Bill: Stage 3: Section 8A — Fair and reasonable: matters to be taken into account by Commission (14 Dec 2006)

David Davidson: The point behind amendment 25 is that the commission should, when it makes a determination, be bound by the law that is in force at the time of the service provision. It is a tidying amendment. Although I am not totally convinced, I think that the minister has gone some way towards that. Therefore, I seek to withdraw amendment 25. Amendment 25, by agreement, withdrawn. Amendment 26...


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