Yousaf defies criticism over government attempts to control legal profession

Humza Yousaf

Senators of the College of Justice said that the Regulation of Legal Services (Scotland) Bill would pose a “threat” to the profession and judiciary’s independence and expose the legal system to “political abuse”.

Critics argue that the Scottish government would be made a “co-regulator” of the legal profession, sharing the role with the lord president.

Mr Yousaf said: “I fundamentally disagree.”

He added: “In terms of the reforms that we’re bringing forward – remember, these came on the back of a consultation – people want to see the legal profession appropriately regulated.

“We also, as a government, absolutely respect the independence of the judiciary.”

Mr Yousaf, under whose tenure as justice secretary the Scottish government attempted to pass sweeping changes to the justice system, including the introduction of juryless trials, before the first lockdown in 2020, added: “I was justice secretary for a period of time in the government, I completely understand the need for independence of the judiciary and, of course, we will consider any ideas, amendments, that are brought forward, but it’s really important that we have a legal profession that is appropriately regulated.”

The Law Society of Scotland said: “Of greatest concern to us, as we will detail in this submission, is the desire of the Scottish government to be granted extensive and exceptional new powers of intervention over how legal professionals are regulated.

“These powers, which we have not been able to identify in any other western democracy, risk seriously undermining the rule of the law and the independence of Scotland’s legal sector from the state.

“A key component of a free and democratic society is the role that an independent legal profession plays in challenging government and protecting citizens from the excessive use of power by the state.

“We hope the committee will ultimately conclude these sections should be removed from the bill altogether.”