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Data: Official Report to 12 Nov 2026

Official Report · Committee

New Petitions

Solicitors (PE1021)

Wednesday 31 January 2007 Public Petitions Committee Petitions 8 contributions · 3 speakers

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The record

8 contributions
Michael McMahon Lab The Convener · Hamilton North and Bellshill
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PE1021 was lodged by Bill Alexander and calls on the Scottish Parliament to investigate the availability of solicitors who are prepared to act against other solicitors in cases of negligence or inadequate service, the role of the Law Society of Scotland in such cases and the physical and financial impact of such cases on complainers.Before it was formally lodged, the petition was hosted on the e-petition system, where it gathered 80 signatures between 3 November 2006 and 22 January 2007. The petitioner has provided additional information and the Law Society of Scotland has also provided information on the issue. I invite members' comments and suggestions.

Helen Eadie Lab Dunfermline East
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The matter has concerned members throughout our time in the Parliament. It is clear that some progress has been made, but we need to clarify the current position. We should ask the Scottish Executive for an update on its scoping work on people who cannot get legal representation when cost is not the problem. We should also ask the Executive for an update on the implementation of sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, in relation to section 32 of the Solicitors (Scotland) Act 1980. That information would be helpful.

Margo MacDonald Ind Lothians
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I have raised that issue over the years. By now, we would have expected a commencement order on sections 25 to 29 of the 1990 act, given that equivalent provisions have been law in England since 1990. Recently, a freedom of information case went to appeal at the Court of Session and three judges ruled that information on the commencement of sections 25 to 29, such as interdepartmental papers, should be released. However, the Executive is resisting release. We are talking about a live issue.I commend Bill Alexander, who is a serious man, for ensuring that the case went as far as the Court of Session. I certainly would not dismiss his petition.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Far from it. I think that Helen Eadie was suggesting that we ask for more information. It is worth noting that at First Minister's question time on 25 January, in response to a question from you, I think—

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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The First Minister said that sections 25 to 29 of the 1990 act would come into force in April. I mention that because the issue relates to the petition and because I take on board what you are saying. Helen Eadie suggests that we take the matter forward by requesting more information about the scoping—

Margo MacDonald Ind Lothians
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I am being persistent, because no more than a couple of months ago the Minister for Justice said that it would happen in March—that has been the history of the issue.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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I take your point. Are members happy that we write to the Executive to request the information that Helen Eadie suggests we seek? The information would help Margo MacDonald in the longer term, too.Members indicated agreement.

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