Ewing agrees to alter 'Tesco law' bill after outcry from solicitors

Published on Thursday 18 March 2010 23:33

THE SNP government moved to head off a rebellion in the Scottish legal profession last night, as it dropped controversial measures in a bill to bring in so-called "Tesco law reforms".

The new bill will allow non-lawyers to set up legal firms, which could lead to supermarkets operating legal branches.

And community safety minister Fergus Ewing told lawyers he would remove clauses that could have led to Scottish ministers influencing the make-up of the Law Society of Scotland's council.

The Legal Services Bill's proposals had sparked resentment among solicitors, with some saying they threatened the independence of the profession.

Discontent came to a head last week when 50 members, unhappy at the Law Society's handling of the proposed reforms, forced a vote on whether it should continue as the representative body for solicitors.

Last night, Mr Ewing dramatically abandoned the measures put forward in section 92 of the bill.

Speaking at a Law Society event in Edinburgh, Mr Ewing noted that the bill could allow a greater number of lay members to be appointed to the council of the Law Society of Scotland, a measure that would reflect the body's statutory duty to promote the public interest, as well as the interests of the profession.

He went on: "The power of Scottish ministers to make regulations specifying the proportion of lay members and the criteria for selection was intended as a fall-back, only to be used in the unlikely event that there would be a need to resolve any disagreements regarding the proportion of lay members.

"Following representations from the Law Society of Scotland, in which it reaffirmed its commitment to lay appointments, I no longer consider it necessary for Scottish ministers to have this fall-back power."

He said he now intended to amend the bill by deleting that controversial proposal.

The Law Society will face a potentially hostile special general meeting next Thursday, at which its policy on the proposed reforms will be debated. However, last night's announcement is thought to have gone some way to assuaging many of the fears of those solicitors who forced the meeting.

The Law Society president, Ian Smart, told The Scotsman: "We're delighted by the change of heart.

"It is the nature of these things that work was being done behind the scenes to address our members' fears. I don't think it was ever the intention of the minister to wield undue influence on the society."

However, it seems likely that next week's vote will go ahead.

Last week, a report by Holyrood's justice committee echoed the lawyers' concerns, warning that ministerial involvement in the regulation of lawyers could result in a "potential lack of independence" for the Scottish legal profession.