Scottish solicitors have warned that the independence of the profession north of the border could be under threat, as the executive pushed through proposals for an 'independent' body to handle complaints against practitioners.


Under provisions in the Legal Profession and Legal Aid Scotland Bill, which were approved in principle by the Scottish Parliament last week, complaints will be handled by a new body with the power to fine solicitors up to £20,000 in compensation.



However, the Law Society of Scotland (LSS) said the current proposals give the Scottish executive too much control over the body.



LSS director of law reform Michael Clancy told the Gazette: 'The LSS supports the principle behind the Bill, but the complaints body should be independent both of the profession and of government. Under the Bill, ministers are able to appoint and remove the commissioners and give general directions. We think the relationship is too close and risks compromising the independence of the legal profession and the rule of law.'



He added: 'The Scottish executive has agreed to bring forward some amendments to meet our concerns - for example, the President of the Court of Session will be involved in the removal of commissioners, and the order for directions has been removed. But that still leaves appointments in the hands of ministers.'



Rachel Rothwell