Scots law fears for its independence

The survey, conducted by the Law Society of Scotland, also reveals that only one-quarter of lawyers believe legislation passed by MSPs has been of much benefit to the public.

More than one third of those asked (36 per cent) felt that ministers had no respect for the independence of the legal system, with 44 per cent believing independence was only "slightly" respected.

An overwhelming majority of solicitors - 77 per cent - said the independence of the new Scottish Legal Complaints Commission will be compromised if appointments are made by ministers, as is proposed under a bill going through parliament.

The survey of more than 500 lawyers found that only 22 per cent thought the Scottish Parliament had been a great benefit to the legal system. Some 38 per cent thought it had been of "slight" benefit, with 39 per cent responding "not at all" to the question.

Of those asked , 27 per cent regarded the parliament as having been of great benefit to the public generally, with 22 per cent believing it had been of no benefit to the public.

Concern has been mounting over ministerial reforms of the legal system and judiciary, which have prompted accusations of political interference and threatening democracy.

Roy Martin QC, the dean of the Faculty of Advocates, has branded the proposed new complaints commission a waste of money.

Meanwhile, advocates and senior judges have voiced alarm at proposals to place the control of all Scotland's courts under one person, the Lord President. Critics claim such a burden would force him to employ vast numbers of civil servants, exposing the judiciary to the risk of Executive interference.

Concern over legal independence has prompted the society to stage a one-day conference tomorrow in Edinburgh on the issue.

The conference comes on the eve of a parliamentary debate on the Legal Profession and Legal Aid (Scotland) Bill, which controversially proposes to strip the legal profession of much of its powers of self-regulation by creating a separate legal complaints body.

Ruthven Gemmell, the president of the Law Society of Scotland, said: "Democracy sits balanced between the law and politics and that balance can be fragile. That is why the society and its members have raised strong concerns about aspects of the Legal Profession and Legal Aid (Scotland) Bill.

"The concern is that there is inadequate regard paid by the Scottish Executive to the independence of the law in Scotland. That means that we must all be aware that what may seem like a good idea does not in fact diminish Scotland's democracy and why we must work to ensure that independence is safeguarded."

A spokeswoman for the Executive insisted: "The proposed legislation has been informed by an open and thorough consultation that allowed all interested parties to contribute."

She said the Executive had worked "ceaselessly" to create a more efficient criminal justice system. "It is the duty of government to remain independent from the legal process, but also to ensure that the structures within which those processes operate are effective, fair and transparent," she said.