7. To ask the Scottish Government what its position is on whether the plans for legal services regulation reform will meet the original objectives of the Roberton review regarding consumer complaints. (S6O-02726)

The Regulation of Legal Services (Scotland) Bill is designed to deliver the objectives of the Roberton review to provide a modern regulatory framework that will promote competition and innovation alongside the public and consumer interest in an efficient independent legal sector. The bill seeks to balance and deliver the key priorities of all stakeholders by improving the transparency and accountability of legal services regulation and the legal complaints system and increasing the transparency and accountability of legal regulation. The bill embeds consumer principles into the regulatory framework and introduces a more flexible and responsive approach to complaints while expanding independent oversight of complaint handling.

I thank the Minister for that response, but it is not just the Roberton review that concluded that the optimum regulatory model must be independent of regulatory bodies. The Competition and Markets Authority, Consumer Scotland and leading lawyers such as Brian Inkster and others also hold that view and have made that clear in evidence.

There is a clear and fundamental conflict of interest in having consumer complaints processed by bodies that exist to protect the interests of their profession. The better regulation principles would suggest that the model that is being proposed, although with some revisions, simply cannot square off that conflict of interest. The proposed new processes still have the same complexities and are extraordinarily difficult to navigate as a consumer.

The Deputy Presiding Officer:

I need a question, please, Ms Thomson.

Will the Minister look again at how we best service consumer complaints about lawyers in line with the better regulation recommendations—

The Deputy Presiding Officer:

Thank you, Ms Thomson. I think that t he Minister has probably got the gist.

The Law Society of Scotland will be required to exercise regulatory functions, including complaint handling, independently of its other functions. It will be required to delegate regulatory functions to an independent regulatory committee comprised of a minimum of 50 per cent lay members and a lay chair.

The Scottish Legal Complaints Commission will retain oversight of complaint handling and continue to have a role in monitoring trends in legal complaints. In addition, the commission will have a role in setting minimum standards as to how legal practitioners and legal regulators handle complaints, thereby providing independent oversight.

I have been watching the evidence sessions of the Delegated Powers and Law Reform Committee and the Equalities, Human Rights and Civil Justice Committee very closely, and I am happy to discuss the matter further with the member.

One of my constituents recently faced difficulties with the complex appeals process of the Scottish Legal Complaints Commission. That is why I welcome the review’s recommendation that a simple process of appeals be developed. Why, then, is the Scottish Government removing the ability to appeal decisions altogether and turning its back on complainers?

We are at stage 1 of the Regulation of Legal Services (Scotland) Bill, and I will listen to the committee’s views.

McClure Solicitors, which was founded in Greenock in 1853 and has tens of thousands of clients across Britain, specialising in wills and trusts, went into liquidation recently. The Law Society of Scotland is monitoring it. Another firm, Jones Whyte, took on the files, but it is reportedly charging the victims of McClure’s collapse £300 plus VAT. Is the Scottish Government reading about the case and learning any lessons? Will the Cabinet secretary assure me that she is having discussions with the legal profession to ensure that ordinary Scots are protected from such situations?

As Minister,

I cannot comment on specific on-going legal situations, but I encourage anybody who has a complaint to go to the Law Society of Scotland to make an official complaint. We are learning lessons. At stage 2 of the Trusts and Succession (Scotland) Bill at the Delegated Powers and Law Reform Committee yesterday, I highlighted to the committee an Amendment that would help to ensure that a situation like that of McClure does not happen again. In addition, legislation for the regulation of legal services is moving forward to prevent that from happening again.