The bill will update the regulation of legal services in Scotland and provides for a modernised regulatory framework. Much of the content of the bill has been informed by a Scottish government commissioned independent review into legal services regulation, which was led by Esther Roberton and published in 2018.

The Equalities, Human Rights and Civil Justice Committee is particularly interested in the Scottish government’s decision to take a different approach from a principal recommendation of the Roberton review. The review recommended the creation of an independent regulator of legal professionals, however the bill would instead seek to develop the existing regulatory framework.

The Scottish government believes that developing the existing framework means that “existing regulators should retain their regulatory functions, with a greater statutory requirement to incorporate independence, transparency and proportionate and risk-based accountability”. The committee wants to understand whether there is any risk this approach might lead to a potential conflict of interests.

The bill also proposes that legal regulators should be divided into two categories, something the committee is keen to explore in its scrutiny. The committee also wants to hear about experiences in other jurisdictions, like England and Wales, where independent regulators have been introduced.

Kaukab Stewart MSP, convener of the Equalities, Human Rights and Civil Justice Committee said: “This new bill aims to modernise the legislation covering the regulation, which is now over 35 years old. There have been several calls for change over the past decade. Through our scrutiny, we want to ensure that this new bill delivers on its aims.

“We would like to hear views from across the legal sector and public bodies as we seek to understand how the current regulatory landscape is viewed. We also want to get an understanding of what impact the changes in the bill would have on consumers of legal services.

“To share your views on the bill with the committee please complete our call for views.”

The committee’s call for views is open now and will close on 9 August 2023.