Complaints against lawyers procedure amended

MINISTERS bowed to warnings from the legal profession yesterday and changed the proposed new complaints procedure for lawyers, introducing a right of appeal for the first time.

The Legal Profession and Legal Aid (Scotland) Act was passed by Holyrood yesterday, creating an independent commission to deal with consumer complaints against lawyers.

But lawyers had warned of legal action and a possible breach of European human rights law if ministers went ahead with their original plans, which would have refused a right of appeal to lawyers against decisions of the commission.

During the final day's debate in parliament Johann Lamont, the deputy justice minister, said ministers accepted the need for a right of appeal and this was added to the bill before it was passed.

Labour MSP Jackie Baillie lodged the amendments to allow a limited right of appeal.

"They [the amendments] would preserve the essence of the current policy, not undermine them," Ms Lamont said.

The changes to the bill will mean that lawyers must seek leave to appeal to the Court of Session before they are able to challenge a commission decision. The grounds of all appeal are limited to error in law, procedural impropriety, that the commission has "acted irrationally" or where its findings are not supported by the facts.

The Executive accepted moves to distance ministers from the appointments process for the new body, handing over responsibility for this to the Lord President.