Fergus Ewing tells complaints body to lower lawyers' levy or face a 'review'

Published on Sunday 18 April 2010 22:36

A SCOTTISH minister threatened the independence of the Scottish Legal Complaints Commission after it refused to reduce the levy it charges for lawyers to fund its work, The Scotsman can reveal.

Fergus Ewing said he would "review" the relationship between ministers and the commission after this year's levy was set, issuing a threat that power could be shifted away from the body towards the Scottish Government should the commission not use its "discretion" to shape its budget appropriately.

Political opponents called on him to retract the threat immediately and his intervention was described as "concerning" by the SLCC, a body that reports to Parliament and has the legal right to independently set its own budget and levy structure.

It comes amid ongoing disquiet among solicitors over the level of influence Scottish ministers seek to wield over lawyers.

Last month, Mr Ewing was forced to withdraw controversial measures in the forthcoming Legal Services Bill that would have given ministers the power to step in and regulate law firms should ongoing legal reforms not produce a "suitable" regulator. The plans would have also permitted the Scottish Government to dictate the make-up of the Law Society's council, a move many lawyers found intolerable and one that has led to a growing schism within the profession, with the Law Society under pressure over its perceived close relationship with ministers.

The SLCC wants to retain a surplus of 1.5 million in its budget for next year amid uncertainty about the extent of its responsibilities that will be subject to test cases in the Court of Session.

The Law Society of Scotland is lobbying for that money to be used to drop the annual levy to solicitors, who pay between 90 and 275 a year to fund the SLCC's work. They have now been joined in their campaign by Mr Ewing, who appears to have acted after a request made by the Law Society. The society admits it lobbied Mr Ewing, but insists it has no power to direct the minister's behaviour.

SLCC chair Jane Irvine said: "The SLCC board has raised concerns at the minister's inference to the level of control the Scottish Government may wish to exert over the operation of the SLCC, should our board decide against reducing the levy."

John Lamont, the Tory community safety spokesman, called for the threat to be withdrawn.

And Julia Clarke, the Scottish spokeswoman for consumer body Which?, a body that campaigned for the SLCC to be set up, said she was concerned.

But a spokeswoman for the Scottish Government defended Mr Ewing's actions, and said: "The minister is entitled to make his views known to the SLCC, and any future changes which might be considered to ensure the SLCC operates efficiently and does not impose unnecessary burdens on the legal profession would ultimately be for Parliament to consider."