Former judges join call to reject legal reforms

SENIOR figures from Scotland's legal profession yesterday mounted an unprecedented attack on ministerial plans to overhaul the way complaints against lawyers are handled, branding them a threat to the independence of the law and an attack on democracy itself.

Former judges joined the leaders of the Law Society of Scotland and the Faculty of Advocates in an effort to persuade MSPs to reject some of the proposals.

The Scottish Parliament will today debate the Legal Profession and Legal Aid Bill, which proposes to strip the Law Society of the authority to deal with "service" complaints against solicitors, creating a new Scottish Legal Complaints Commission whose members would be appointed by ministers.

The idea of ministerial appointment was savaged by a series of high-profile legal figures at the Balancing the Scales of Justice debate in Edinburgh yesterday.

Among those who spoke out were the former High Court judge Lord McCluskey; Sir David Edward, ex-European Court of Justice judge; advocate and former MSP Duncan Hamilton; and Roy Martin, QC, dean of the faculty of advocates. They were joined by Sternford Moyo, a former president of the Law Society of Zimbabwe, who was arrested by Robert Mugabe's regime and accused of "subversive" activities. He said a new legal complaints quango controlled by ministers threatened to undermine the democratic principle of legal and judicial independence, providing legitimacy to dictators who sought to control the rule of law.

Mr Moyo said the legal profession ensured "good governance, accountability, observance of human rights and prevention of abuse of power", which demanded it "be free from any control by the Executive". He added that undemocratic regimes would look to learn lessons from legal reforms in Scotland and elsewhere.

Lord McCluskey said there had been a lack of serious consultation over the plans and politicians had yet to "grasp the essence of what it is all about". Duncan Hamilton added: "The legal profession is driven by the public interest but the Executive does not accept that."

But Hugh Henry, the deputy justice minister, insisted the body would safeguard the interests of clients. He added: "We are absolutely committed to the principle of a fully independent legal profession. We also want to see a legal profession which is properly regulated. Consumers need to be assured their complaints will be handled impartially and efficiently."