Legal profession independence safeguarded in Scotland
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Government amendments to Legal Services Regulation Bill ensure rule of law supremacy
The Scottish Government has removed controversial proposals for direct political control over Scottish solicitors from the Legal Services Regulation Bill, preserving the independence of the legal profession and the rule of law, the Law Society of Scotland has confirmed.
Initially published in 2023, the Regulation of Legal Services (Scotland) Bill proposed extensive government powers over how solicitors operate, sparking widespread condemnation. Critics, including the Scottish Judiciary and the International Bar Association, warned of serious risks to Scotland’s legal system, describing the changes as “disturbing” and a threat to democracy.
Following an 18-month campaign by the Law Society and other legal bodies, the government has lodged over 500 amendments, which the Law Society believes effectively address concerns. Key amendments remove ministerial powers from the Bill or transfer them to the Lord President, the independent head of Scotland’s justice system.
Susan Murray, President of the Law Society of Scotland, welcomed the revisions: “This is an important moment for the preservation of the rule of law in Scotland and the independence of the legal profession. A free and fair democracy depends on lawyers being able to act without political control.
“Solicitors play a vital role in holding governments to account and protecting citizens from state overreach. We are pleased and relieved to see ministerial powers removed or reassigned to the Lord President. This marks a major milestone for regulatory legislation and ensures our legal profession’s independence is upheld.”
The Society urged members of the Scottish Parliament’s Equalities, Human Rights & Civil Justice Committee to approve the amendments later this month. Once passed, the revised Bill will enable reforms aimed at improving the regulatory system, streamlining complaint processes, and enhancing public protection.
The amendments represent a significant victory for the legal community, ensuring Scotland’s legal system remains independent and internationally respected.