Solicitor Gerard Nesbitt aged 53, from Newlands, Glasgow along with co accused Iain McKenzie 38, is to stand trial after being charged with being concerned in the supply of cannabis, reports BBC News :
THE Law Society of Scotland has criticised the Scottish Parliament’s passing of the Scottish Civil Justice Council and Criminal Legal Assistance (Scotland) Bill, and reiterated its members stance that problems will be caused for solicitors who will be required to collect contributions from their clients, a function which should be clearly undertaken by the Scottish Legal Aid Board.
Commenting on the passing of The Scottish Civil Justice Council and Criminal Legal Assistance (Scotland) Bill, by the Scottish Parliament today, convener of the Law Society of Scotland's criminal legal aid negotiating team, Ian Moir said: "We are disappointed that the Bill has passed without introducing a central collection system. This will cause problems as solicitors attempt to collect contributions from their clients and could have been resolved by the Scottish Legal Aid Board collecting in all cases.
"However, the Society's team which negotiated with the Scottish Government did achieve some key improvements. Some of the poorest people accused of a crime may not have to make a contribution now, including war veterans and disabled people on low incomes. The negotiating team also persuaded the government to remove police station advice and cases involving remand or custodial sentences from the contributions system, and that the threshold increases would not be funded by solicitors."
A PARLEGAL from the law firm of Bell & Co solicitors in Kilmarnock has been jailed for two years after admitting embezzlement & mortgage fraud totalling more than EIGHTY SEVEN THOUSAND POUNDS. It was also revealed Arlene Reid, who worked at the law firm between 2007 & 2011 had two prior convictions for dishonesty.
The Law Society of Scotland has contacted all Members of the Scottish Parliament and predicted that legislation introducing a system of collection in criminal legal aid is likely to cause a series of difficulties and reiterated its view that the Scottish Legal Aid Board (SLAB) should collect in all cases where a contribution is owed.
The Society issued its detailed written briefing to MSPs ahead of the final parliamentary debate on the legislation which will introduce contributions in criminal legal aid. The Scottish Civil Justice Council and Criminal Legal Assistance (Scotland) Bill will be considered by the Scottish Parliament for the last time on Tuesday 29 January.
The Society stressed that it was supportive of the principle of contributions and had agreed to a number of specific amendments to improve the legislation but highlighted a number of outstanding issues, particularly on the responsibility for collecting contributions where solicitors will be expected to collect in most cases.
Convener of the Law Society's criminal legal aid negotiating team, Ian Moir said: "We believe, have always believed and continue to argue that the Scottish Legal Aid Board should collect all contributions where they will be owed. Such a burden should not fall on individual solicitors.
"SLAB is by far and away the body best equipped to collect in criminal legal aid, just as it does in civil cases. The Cabinet Secretary has repeatedly told us that the principle of collection was non-negotiable. We do not believe the Scottish Government has presented a compelling case for solicitors collecting contributions and, as such, we remain fundamentally opposed to this part of the Bill. We hope these views will be aired during the debate in the Scottish Parliament next week."
The Society has agreed to a number of amendments aimed at improving the Bill and additional regulations, including;
An increase in the disposable income threshold at which someone would be expected to pay a contribution, from £68 per week to £83 per week, reducing the numbers eligible for making a contribution by 30%
A guarantee that such a change would not be paid for through cuts to solicitor fees
The removal of certain benefits from income calculations such as disability living allowance and war pensions
The removal of police station advice and cases involving remand or custodial sentences from the contributions system.
Ian Moir added: "Thanks to the package of improvements which we negotiated, some of the poorest will be taken out of having to make a contribution altogether, including many disabled people and war veterans. That package also means solicitors will have to collect contributions in far fewer cases. In fact, some of the cases where it would have been virtually impossible to collect the contribution have been removed from the collection system altogether.
"Even with these improvements, the legislation is likely to create a number of practical difficulties, particularly with solicitors being forced to collect contributions. This is not the Bill we would have ideally wanted and there is no doubt that we will have to revisit these issues in future."
THE Law Society of Scotland has declared its support for the introduction of a new “distinctly Scottish” progressive land tax structure. the new Land & Buildings Transaction Tax is due to replace the current UK wide Stamp Duty Land Tax from April 2015.
Ahead of giving evidence to the Scottish Parliament's Finance Committee, Isobel d'Inverno, convener of the Society's Tax Law committee said: “We very much welcome the introduction of a progressive tax structure, rather than the current 'slab' structure, which is perceived by many to be unfair due to the steep rise in tax for properties just above the thresholds. This distorts the market by keeping prices artificially low and gives rise to avoidance under stamp duty land tax. We believe that this new progressive structure will eliminate these issues.”
Ms d'Inverno continued: “This proposed new tax has the potential to make a real improvement to the current system in Scotland. It is very much drafted in Scots law terminology, and reflects Scots property law and conveyancing practice. The introduction of a much simpler regime for a land and buildings transaction tax will be of great assistance to solicitors and their clients and will make it much more workable and easier to administer'.”
Isobel d'Inverno, convener, and Iain Doran, member, of the Society's Tax Law Committee will be giving evidence to the Finance Committee at 11.30am in Committee Room 1 on Wednesday 23 January. It will be available to view on Parliament TV.
Both the Society's response to the Scottish Government consultation and its written evidence submitted to the Finance Committee on the Land and Buildings Transaction Tax (Scotland) Bill can be found on the Society's website.
PROPOSALS put forward by the Scottish Government to force solicitors to collect contributions from criminal legal aid claimants have been rejected by the majority of local faculties.
Solicitors across Scotland have given differing verdicts on the Scottish Government's latest proposals for criminal legal aid contributions with most faculties rejecting the package of changes.
Faculties and Bar Associations had been asked to consider an amended set of proposals which had been negotiated by the Law Society, the Scottish Government and the Scottish Legal Aid Board.
12 faculties have so far responded directly to the Society. Six voted against the package - Banff, Dumbarton, Dunfermline, Edinburgh, Glasgow and Perth with six expressing support for the package - Falkirk, Hamilton, Highlands, Kilmarnock, Stirling and West Lothian. Whilst the Society has not heard directly from these faculties, it is understood that Aberdeen, Dumfries, Dundee, Alloa, Kirkcaldy and Paisley also rejected the package with Ayr accepting.
Commenting, President of the Law Society, Austin Lafferty said: "Whilst the latest proposals do not address all of our concerns, a number of local faculties did vote to accept the Scottish Government's latest proposals and felt it was likely the best deal available. However, it is clear that many solicitors still feel unable to support the revised system of criminal legal aid contributions. We need to respect those differing viewpoints.
"Our aim throughout has been to maintain a legal aid system that is fair, workable and protects the most vulnerable in our society. The revised set of proposals include an increase to the threshold at which someone would be expected to pay a contribution and respond to some of the issues we identified around collection. Whilst this package does not resolve all of our concerns, it proposes a fairer system than was originally put forward by Ministers. As such, we will support amendments to the legislation and other regulations that deliver these material improvements.
"This whole issue has been debated for many months now. There are clearly points of difference between the government and key elements of the solicitor profession, differences which are unlikely to be resolved. In particular, we still believe that the Scottish Legal Aid Board and not solicitors should be collecting all contributions in criminal legal aid.
"The final debate on the Bill is planned for the next two weeks and it is for the Scottish Parliament to decide the final form of the legislation. We still expect a number of practical difficulties to arise from the Bill if passed, challenges which will show how the Society was right to have raised such serious concerns over the course of the last year.
"The Society will monitor the effectiveness of the new system and will not hesitate to seek further changes if necessary."
First Minister Alex Salmond claimed legal advice had been sought during tv interview.PROVING the worthlessness and indeed, damage to reality by party political media campaigns & a so called “independent inquiry” undertaken by persons appointed by those accused and under investigation, Scotland’s struggling First Minister Alex Salmond has yet again been cleard of a complaint lodged under the mysterious “Ministerial Code”, this time Mr Salmond being cleared of claiming on television he had legal advice to the effect that an independent Scotland could remain in the European Union, even though Mr Salmond actually said those very words in a BBC television interview with Andrew Neil.
You decide -First Minister Alex Salmond claimed he had legal advice an independent Scotland will remain in the EU
The full report on the ‘investigation’ into Mr Salmond can be viewed online HERE The Scottish Government’s version of the timeline of the events is available HERE
Predictably, the Scottish Government’s media machine has issued a long tirade (reprinted below) with quotes from the First Minister, congratulating himself upon his apparent exoneration from misinforming & misleading the public on the EU legal advice claims.
It is rumoured the entire PR driven incident along with the enquiry has cost the taxpayer around £50,000 to come up with an intense media campaign, supportive political appearances, snide media comments & speeches, supportive online media forum comments and a report to clear Mr Salmond of a a habit which the First Minister and the SNP will be remembered for in 2012, the year Scots finally found out the Nationalists are like all other political parties, and no different from the ones they castigate.
Political observers will also recall 2012 for being the year in which Mr Salmond was accused of being an “instinctive liar” by Scottish Labour, the party who along with the Scottish Conservatives & Liberal Democrats have made instinctive lying in public life a national sport, now joined in earnest by the SNP.
A political insider commented on the fiasco : “Clearly the European Union can do without another nationalistic leader who's Government clears him of lying on television, even when the camera suggests he did exactly that”
The First Minister acted fully in accordance with the Scottish Ministerial Code in relation to the debate on the existence or content of legal advice on an independent Scotland’s continued membership of the European Union, an independent report has concluded.
The First Minister appointed Sir David Bell KCB – an independent adviser to the Scottish Government on the Ministerial Code – to conduct the investigation following a complaint by Catherine Stihler MEP.
The report, which has been published today, says: “I have not found you, or the Scottish Government, to have breached the Ministerial Code in respect of any complaints made by Ms Stihler. I have though recommended that the Scottish Government considers revising those parts of the code relating to legal advice.”
Sir David examined five separate grounds of complaint from Ms Stihler – and in each case he found that the First Minister and the Scottish Government had acted fully in accordance with the Ministerial Code.
The report also concludes that “the Edinburgh Agreement was the appropriate moment to seek specific legal advice from the Law Officers … it was only when the details of the referendum process became clear that you were in a position to seek such advice.”
Sir David also recommends that the Scottish Government considers whether the part of the Ministerial Code relating to legal advice could be redrafted in a clearer and more accessible form – a recommendation which the Government accepts.
First Minister Alex Salmond said: “I would like to thank Sir David for his very thorough and detailed report, the findings of which clearly demonstrate that there was no breach of the Ministerial Code on this matter.”
“I welcome the report which demonstrates that I and the rest of the Scottish Government acted entirely in accordance with the Scottish Ministerial Code. I also welcome his conclusion that the signing of the Edinburgh Agreement was the appropriate moment at which to seek specific legal advice on an independent Scotland’s continued membership of the European Union.”
“Sir David also recommends that the Scottish Government considers whether the section of its Ministerial Code relating to legal advice provided to Ministers should be redrafted to make it clearer. That is a recommendation I am happy to accept, and work will now be taken forward by Government officials with that aim in mind.
“This has been the sixth complaint to be referred to the independent panel of advisers I introduced in 2008 to rule on these matters. I am delighted that each complaint has been dismissed and the advisers concluded my ministers and I have acted entirely properly at all times.”
Söla Paterson-Marke, of DLA Piper, has been co-opted to represent new lawyers, and Moira MacMillan, of Glasgow Caledonian University, has been co-opted to represent solicitors working as academics.
Söla, who qualified in 2011, said: "I am delighted to have been co-opted on to the Council as the member for new lawyers. It's great that new lawyers have a representative on the Council and I am honoured to have the opportunity to apply my energy and enthusiasm to this role.
"I will draw on my experience of working in other jurisdictions and being a former member of the executive committee of the Scottish Young Lawyers Association (SYLA) to help me in providing representation that will have a positive impact on new lawyers. "In the not too distant past I was a diploma student looking for a traineeship and then a trainee trying to secure an NQ position, so I am well aware of the challenges that new lawyers face. With great challenge comes great opportunity and I will represent the views of new lawyers to the Council so that together we can create a profession which offers new lawyers a springboard to a fulfilling career.Initially, my main focus will be to encourage engagement. It's important that I, and the team at the Law Society, engage with groups such as the SYLA and TANQ, but as individuals we need to take an interest in the direction of our profession and that means I want to encourage discussion and the sharing of ideas amongst new lawyers on the major issues."
Heather McKendrick, the Society's new lawyer development officer, added: "We're delighted to welcome Söla to Council. He is brimming with ideas and enthusiasm for engaging with new lawyers, trainees and solicitors up to five years qualified.”
Söla graduated from University of Edinburgh in 2008 with LLB (Hons) and completed the Diploma at Edinburgh in 2009. Between graduating and starting his training contract he worked as a consultant in London, where he is now based with DLA Piper. One of his seats as a trainee was spent in Sydney.
Moira MacMillan is a Senior Lecturer in Law at Glasgow Caledonian University and is Programme Leader for the LLB. She is a member of Council of the Scottish Universities Law Institute and of the Diploma Coordinating Group. At the Law Awards of Scotland 2009 she was named Law Lecturer of the Year. She trained as a solicitor within local government and also has experience of private practice.
Stuart MacFarlane, 44, appeared at Paisley Sheriff Court on December 31, charged with downloading indecent images of children and was granted bail.
The ex-fiscal was given a number of special conditions including that he must surrender his passport, not live with anyone under 16 or access the internet.
But, he was arrested and brought from Cathcart police office to appear at Glasgow Sheriff Court last week. It is alleged he breached one of his bail conditions by using a Blackberry mobile phone.
He made no plea or declaration and was granted bail, it is not known when his next court appearance will be.
