Portfolio Question Time – in the Scottish Parliament am ar 24 Ebrill 2024.
Michael Marra
Llafur
To ask the Scottish Government, in light of the reported situation facing former clients of McClure Solicitors, what discussions it has had regarding enabling the Scottish Legal Complaints Commission to consider groups of complaints, rather than considering complaints purely on an individual basis. (S6O-03337)
Siobhian Brown
Scottish National Party
As I have said before, my sympathies are with the former clients who have been affected by the collapse of McClure Solicitors.
The Scottish Government has discussed with the Scottish Legal Complaints Commission and the Law Society of Scotland whether a group proceedings complaint would be feasible, and their view is that it is important that individual complaints continue to be investigated on their own merits and that complaints are detailed and submitted by the individuals affected. That does not prevent specific staff who are familiar with the matter from being allocated those complaints to consider.
Michael Marra
Llafur
A number of my constituents in the north-east were clients of McClure’s and were advised by solicitors to put their house into trust. Those constituents are now facing a very expensive and complex legal process to end the trust, and it would appear that clients in particular areas of the country were targeted and sold services that they did not need. The fear of care costs in the future was used to justify significant legal and financial decisions that are now costing my constituents dearly.
Enabling the SLCC and the Law Society to investigate groups of complaints could allow for early detection of such patterns of behaviour in the advent of such cases. Therefore, what more is the Scottish Government doing to understand the scale of the problem that former clients of McClure’s are facing and the geographical distribution of those clients across the country, and what further changes in legislation can be made to prevent similar situations from happening in the future?
Siobhian Brown
Scottish National Party
The Regulation of Legal Services (Scotland) Bill introduces the authorisation of legal businesses, bringing benefits such as greater consistency in regulating legal firms and enabling the Law Society as a regulator to identify and address deficiencies early. I will lodge amendments at stage 2 that are intended to deliver further improvements to the legal complaints system, and my officials have been working closely with the Law Society and the Scottish Legal Complaints Commission. I am very happy to meet Mr Marra if he wants to discuss any of those matters.
Stuart McMillan
Scottish National Party
I thank the Minister for her comments. Can she speak to any further amendments that she is considering to the Regulation of Legal Services (Scotland) Bill that would relate to the situation with McClure’s Solicitors? As the minister knows, that situation has affected many of my constituents.
Siobhian Brown
Scottish National Party
I thank Mr McMillan for that question. I know that he has been doing a lot of work on the matter over previous months. As I said to Mr Marra, I am considering options for more amendments ahead of stage 2 and reflecting on the views of stakeholders and MSPs with the intention of building consensus around reform. I will lodge amendments at stage 2 to deliver further improvements to the legal complaints system. As I said, my officials are working closely with the Law Society and the Scottish Legal Complaints Commission on amendments to make significant improvements.
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