Section 16 — Investigation under section 15: final report and recommendations

Part of Legal Profession and Legal Aid (Scotland) Bill: Stage 3 – in the Scottish Parliament at 11:15 am on 14 December 2006.

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Photo of Johann Lamont Johann Lamont Labour 11:15, 14 December 2006

Amendment 46 would remove the commission's power to recommend that the professional body investigates further or reconsiders a conduct complaint. The Law Society of Scotland believes that the power will trespass too far into the remit of the professional bodies. However, the power has the potential to be important in cases in which the complainer legitimately feels that his or her version of events has not been taken seriously or properly investigated. I will not support amendment 46, and I invite David Davidson to withdraw it.

In other ways, once again consensus seems to be breaking out. David Davidson managed to lodge his amendments 48, 49 and 52 before identical ones from the Executive were lodged. We support those amendments, which should ensure effective compliance with commission directions by the professional bodies. The purpose of amendments 49 and 52 and Executive amendment 50 is to achieve that while avoiding an immediate resort to the concept of contempt of court. The amendments will permit the commission to petition the Court of Session when there is non-compliance with a direction. The court will then be able to order the professional organisation to comply with the recommendation contained in the direction. Of course, breach of the Court of Session's order could itself trigger contempt of court, but that is the case with most court orders of this type, so there is no need to specify as much in the bill. However, I am confident that professional bodies will obey any orders of the court. Amendments 49, 52 and 50 should achieve compliance with commission directions by less coercive means.