Lawyers criticise Scottish Government plans for legal regulation

The Scottish Government’s plan to regulate the legal profession has been met with a backlash, with critics saying it “risks undermining the rule of law in Scotland”.

The Regulation of Legal Services (Scotland) Bill was met with resistance by law firms and legal bodies in a public consultation.

The measures were intended to reform the regulation of legal services, but lawyers have concerns about the new powers they would give to Scottish ministers.

The legislation, if approved, would provide ministers with the power to amend the regulatory objectives and professional principles – which would be done after consultation with Scotland’s most senior judge, the Lord President of the Court of Session, and others.

Written evidence was published by the Equalities, Human Rights and Civil Justice Committee following its public consultation showing the extent of opposition to the Bill.

It was branded “alarming and dangerous” by the International Bar Association, which said it “risks undermining the rule of law in Scotland”.

Other critics said it would “damage the world-class reputation Scotland enjoys”, and would create the opportunity for “political abuse”.

The Law Society of Scotland’s submission said: “Of greatest concern to us, as we will detail in this submission, is the desire of the Scottish Government to be granted extensive and exceptional new powers of intervention over how legal professionals are regulated.

“These powers, which we have not been able to identify in any other western democracy, risk seriously undermining the rule of the law and the independence of Scotland’s legal sector from the state.”

A submission from the Faculty of Advocates said: “There are concerns that, in a number of important respects, the changes proposed go well beyond the existing framework and seek to innovate in a way that carries substantial risks to the independence of the legal profession and for which there is no objective justification.

“The Bill contains provisions giving the Scottish Ministers very broad powers, not only in making regulations but also allowing interventions in some circumstances.

“This is not so much building on the existing framework as creating unjustified mechanisms which may be used in the future in a way that undermines and compromises the value of an independent profession and independent regulation.”

The International Bar Association’s submission said: “By any measure, these sections of the Bill represent an alarming and dangerous assault by the Scottish Government on the independence of the legal profession.

“At a stroke, it risks undermining the rule of law in Scotland and harming the international reputation of Scotland and its legal sector.”

A response from the Senators of the College of Justice said: “These proposals are a threat to the independence of the legal profession and the judiciary.

“It is of critical constitutional importance that there is a legal profession which is willing and able to stand up for the citizen against the government of the day.

“The judiciary is fundamentally opposed to this attempt to bring the legal profession under political control.

“If the Bill is passed in its current form, Scotland will be viewed internationally as a country whose legal system is open to political abuse.”

A response from law firm Pinsent Masons LLP said: “The state interference which the Bill enables would, in our opinion, damage the world class reputation that Scotland currently enjoys, in terms of the independence of the Scottish legal profession and adherence to the rule of law, and thereby deter potential litigators.

“It could also significantly disadvantage judges, advocates and solicitors who seek selection for international arbitral appointments, as the potential state interference in how they operate could be a deterrent to their selection.”

A spokesperson for the Scottish Parliament said: “The committee will consider the submissions it has received, and then invite witnesses to give evidence in public as it continues to scrutinise the Bill.”

The Scottish Government has been contacted.