The Scotsman

Planned legal reforms branded an assault on the rule of law

- By ALISTAIR GRANT alistair.grant@jpimedia.co.uk

Senior judges have condemned plans to overhaul the way Scotland's legal system is regulated, insisting they would amount to an "unwarrante­d and unacceptab­le" interferen­ce from the government and Parliament.

The Judiciary of Scotland said the proposals would strip Scotland's highest civil court and its Lord President, Lord Carloway, of regulatory powers.

These would instead be transferre­d to a body responsibl­e to MSPS.

"To be clear, such an interferen­ce with the role of the Lord President and the Court of Session in the manner proposed in this consultati­on is, in our opinion, an interferen­ce with the rule of law," the judges said.

Roddy Dunlop QC, dean of the Faculty of Advocates, called the proposals "an assault on the rule of law that must be resisted, root and branch, with tooth and claw".

It comes after SNP ministers consulted on plans to change the way legal services are regulated and complaints against legal service providers are handled.

An independen­t review previously recommende­d there should be a single, independen­t regulator for all providers of legal services.

However, in a damning submission, the Judiciary of Scotland said the consultati­on “appears to have proceeded on the fundamenta­lly flawed premise that the legal profession in Scotland regulates itself”.

The judges said: “This is incorrect. The regulator of the legal profession is the Court of Session in the form of the Lord President.”

They said all three of the proposed new models would see regulatory powers removed from the court, adding: "This would create an unwarrante­d and unacceptab­le interferen­ce by the government and parliament with the judiciary."

Their submission added: "The judiciary will resist with all its strength this and any other attempt by government or Parliament to remove the court's regulatory powers."

The judges said the current framework “has been specifical­ly designed to respect the need for lawyers to be able to protect the fundamenta­l rights and freedoms of individual citizens".

A Scottish Government spokesman said: “We thank the judiciary for their response to the consultati­on, which has generated a wide variety of opinions, and will carefully consider their views.”

Newspapers in English

Newspapers from United Kingdom