Minister to address concerns over Bill considered ‘threat to legal independence’

A Scottish minister has said she will address concerns in a Bill slammed by senior judges as a “threat” to the independence of the legal profession and judiciary.

In a submission to the Equalities, Human Rights and Civil Justice Committee at Holyrood, the senators of the College of Justice said the Regulation of Legal Services (Scotland) Bill would leave the legal system open to “political abuse”.

The Law Society of Scotland claimed it would give the Scottish Government the ability to “intervene directly in regulation (which) undermines the fundamental principle of having a legal profession which is independent from the state”.

The Bill was lodged earlier this year and would give ministers powers over the regulation of legal professionals, by allowing them to amend the regulatory objectives and professional principles of the sector, something usually done by the country’s most senior judge, the Lord President of the Court of Session, and others.

But responding to criticism, public safety minister Siobhian Brown said: “We are aware and have discussed with some stakeholders – including the senior judiciary – their concerns about certain provisions in the Bill relating to the role of Scottish ministers in the regulation of legal services which they consider could impinge upon the independence of the legal profession.

“I have considered carefully these concerns and therefore wanted to let the committee know in advance of it taking oral evidence, that it is my intention to bring forward amendments to the Bill at stage two intended to address the concerns in respect of the role placed on Scottish ministers within the Bill.”

The statement comes after First Minister Humza Yousaf said he “fundamentally disagrees” with the criticism, adding that they had come through a consultation and “people want to see the legal profession appropriately regulated”.