§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland by what means he will determine whether prospective members of the Scottish Conveyancing and Confirmation Practitioners Board possess each of the required attributes prescribed in paragraph 4 of schedule 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill; and whether prospective members will be required to sit an examination or other written test.
§ Lord James Douglas-HamiltonThere will be no examination or written test for prospective members of the Scottish Conveyancing and Confirmation Practitioners Board. The membership will be selected with regard to the areas of expertise or knowledge set out in paragraph 4 of schedule 1.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland how many staff will be employed in each of the108W first five years of operation by the Scottish Conveyancing and Confirmation Practitioners Board in terms of paragraph 8 of schedule 12 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill; and what is the estimate of the total remuneration to be paid to them including employers' national insurance contributions, taxation, pensions and allowances.
§ Lord James Douglas-HamiltonSuch matters will be for the board to determine.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if he will ensure that there is always a certain minimum number of qualified solicitors on the Scottish Conveyancing and Confirmation Practitioners Board.
§ Lord James Douglas-HamiltonI do not propose any such permanent quotas, although I fully expect solicitors to be represented in the initial appointments.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what bodies he proposes to consult prior to making appointments to the Scottish Conveyancing and Confirmation Practitioners Board.
§ Lord James Douglas-HamiltonAt the least I expect to consult bodies representing the interests referred to in schedule 1, paragraph 4 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what is his estimate of the amount of funds the Scottish Conveyancing and Confirmation Practitioners Board will be required to establish and maintain in terms of paragraph 16 of schedule 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill.
§ Lord James Douglas-HamiltonThis will be a matter for the board.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what revenue the Scottish Conveyancing and Confirmation Practitioners Board will be entitled to receive and from what sources; what is the estimate of the annual revenue of the board at the end of each of the first five years of operation; and what is his estimate of the total expenditure of the board in each of the first five years of operation.
§ Lord James Douglas-HamiltonI refer the hon. Member to clause 14(2) and schedule 1, paragraph 11(2) (c) of the Law Reform (Miscellaneous Provisions) (Scotland) Bill as regards sources of revenue. It is not yet possible to forecast the revenue and expenditure of the board.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland when he anticipates that the Scottish Conveyancing and Confirmation Practitioners Board will be established.
§ Lord James Douglas-HamiltonSubject to proceedings on the Law Reform (Miscellaneous Provisions) (Scotland) Bill, during 1991.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland how many responses he has received to the proposals for multi-disciplinary practices.
§ Lord James Douglas-HamiltonI refer the hon. Member to the reply I gave to the hon. Member for Edinburgh, South (Mr. Griffiths) on 26 February 1990.
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§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland (1) how many times and on what dates he has met representatives of the Law Society of Scotland with regard to part II of the Law Reform (Miscellaneous Provisions) (Scotland) Bill; and if he has sought their detailed views with regard to clause 15(5) and clause 15(9) thereof;
(2) when he last met with members of the Scottish Law Society to discuss legal reform; and on how many occasions since he has met with representatives of the Scottish Law Society.
§ Lord James Douglas-HamiltonI refer the hon. Member to the reply I gave to the hon. Member for Edinburgh, South on 26 February 1990. I am aware of views expressed by the Law Society on the subsections referred to, notably that the powers there should be duties.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if he will confer upon the Scottish Conveyancing and Confirmation Practitioners Board powers to suspend the business of any qualified conveyancer, prior to such person having been formally found guilty of professional misconduct.
§ Lord James Douglas-HamiltonSuch a situation would not arise since the Law Reform (Miscellaneous Provisions) (Scotland) Bill does not provide for a qualified conveyancer, as such, to offer conveyancing services.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland (1) if he will make it his policy to publish prior to the commencement of the Committee stage of the Law Reform (Miscellaneous Provisions) (Scotland) Bill a code of conduct to govern the manner in which conveyancing practitioners conduct the provision of conveyancing services, and the matters referred to in paragraphs (b) to (e) inclusive of clause 15(9) of the Law Reform (Miscellaneous Provisions) (Scotland) Bill;
(2) when he first drafted a code of conduct to apply to persons other than solicitors permitted to carry out conveyancing services.
§ Lord James Douglas-HamiltonAn annex showing what a code of conduct on conveyancing might provide for was published in my right hon. and learned Friend's consultation paper, "The Legal Profession in Scotland", in March 1989. There is room for further refinement of what the code should contain before any attempt is made to draft regulations—a process on which I do not propose to embark before the Bill is enacted.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if the public will be entitled to inspect the register of confirmation practitioners to be set up in terms of clause 17(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Bill, any conditions attached against the applicant's name in the register in terms of clause 17(5)(a) of said Bill.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if there are to be conferred upon the Scottish Conveyancing and Confirmation Practitioners Board disciplinary powers analogous to those possessed by the Scottish solicitors disciplinary tribunal.
§ Lord James Douglas-HamiltonThere are many parallels between the disciplinary powers proposed for the board and those of the Scottish solicitors disciplinary tribunal.
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§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if there are to be conferred upon the Scottish Conveyancing and Confirmation Practitioners Board powers to levy fines.
§ Lord James Douglas-HamiltonThis question is under consideration.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what consultations he has had with the Director General of Fair Trading on regulations referred to in clause 15(5) and clause 15(9) of the Law Reform (Miscellaneous Provisions) (Scotland) Bill; and whether these and other regulations under the Law Reform (Miscellaneous Provisions) (Scotland) Bill will be available before the Bill passes through Committee stage in the House.
§ Lord James Douglas-HamiltonThe making of regulations under the Law Reform (Miscellaneous Provisions) (Scotland) (Bill) and consultation on their terms is dependent on the passage of the Bill.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what disciplinary powers are to be conferred upon the Scottish Conveyancing and Confirmation Practitioners Board, other than suspension or revocation of registration.
§ Lord James Douglas-HamiltonI refer the hon. Member to clause 18(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Bill.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what guidance he will give to the Scottish Conveyancing and Confirmation Practitioners Board with regard to(a) educational qualifications and (b) practical training necessary before any person applying for registration as a qualified conveyancer has his application granted.
§ Lord James Douglas-HamiltonResponsibility for rules on these matters will be with the board, subject to the approval of the Secretary of State. The board will be able to seek whatever guidance it requires.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what is the estimated salary to be paid to(a) the chairman and (b) the members of the proposed Scottish Conveyancing and Confirmation Practitioners Board in its first year of operation.
§ Lord James Douglas-HamiltonThese matters have not been decided.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what is the estimated total annual cost from public funds of the proposed Scottish Conveyancing and Confirmation Practitioners Board to be set up in accordance with clause 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill, for each of the first five years of its operation.
§ Lord James Douglas-HamiltonThis will depend on how quickly the board becomes self-financing.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what response he received to the consultation paper, "The Legal Profession in Scotland", from the Society of Scottish Conservative Lawyers.
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§ Lord James Douglas-HamiltonMy right hon. and learned Friend received one response from the Society of Scottish Conservative Lawyers, dealing with solicitors' rights of audience before the Court of Session and the House of Lords.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what research he has initiated into the impact upon the provision of legal aid services in Scotland of the proposals contained in the Law Reform (Miscellaneous Provisions) (Scotland) Bill to allow non-solicitors to carry out conveyancing services.
§ Lord James Douglas-HamiltonNone. The Scottish Home and Health Department has however commissioned a study of the geographical distribution and accessibility of solicitors' offices in Scotland. This work should provide the basis for a follow-up study after the proposals contained in the Bill have been implemented.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland (1) what research was carried out to assess how the fees charged by solicitors for conveyancing services varied as from region to region; and what research was carried out prior to the publication of the paper, "The Legal Profession in Scotland", with regard to the downward effect on the level of fees of the abolition of scale fees and permission to advertise;
(2) what market research the Government carried out prior to publication of the paper, "The Legal Profession in Scotland" and what market research has been carried out as to the level of fees charged by solicitors in Scotland for conveyancing services.
§ Lord James Douglas-HamiltonA research project is currently under way to compare fees charged for conveyancing before and after the abolition of scale fees in 1985. A further project nearing completion has examined the impact of advertising by solicitors on their fee-charging practices. Both projects use data drawn from a number of market areas of different sizes throughout Scotland.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland what steps will be taken to ensure that solicitors undertaking work under the legal aid schemes compete on level terms with non-solicitors solely undertaking conveyancing and confirmation services.
§ Lord James Douglas-HamiltonHardly any legal aid expenditure is on conveyancing and confirmation but I intend that clients should have the same access to legal advice and assistance for such matters whether they use a solicitor or an appropriate practitioner. The basis of remuneration will also be the same.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether premises have been identified to be used by the proposed Scottish Conveyancing and Confirmation Practitioners Board.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether the public will be entitled to inspect the register of conveyancing practitioners referred to in clause 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether, under clause 19 of the Law Reform (Miscellaneous Provisions) (Scotland) Bill, qualified conveyancers and other non-solicitors will be empowered to carry out conveyancing services and be entitled to carry out commercial conveyancing.