PROPOSALS to introduce an independent system for handling complaints about Scotland's 10,000 lawyers are "flawed and wrong in law", a leading human rights authority has warned.
Liberal Democrat peer Lord Lester of Herne Hill was asked for his opinion on the executive's plans by the Law Society of Scotland, the representative body for the nation's 9000 solicitors.
The cornerstone of the legislation is the creation of a watchdog to handle complaints - the Scottish Legal Complaints Commission - which will comprise a majority ofnon-lawyers and end centuries of self-regulation.
The society warned in March the new complaintshandling body could breach the European Convention of Human Rights (ECHR).
In a statement yesterday, the society said: "Lord Lester concludes that the proposals, which include setting up a new quango to handle service complaints about lawyers, would not be compatible with human rights law, saying that a right of appeal to a court or tribunal would have to be available for clients and solicitors."
Under new proposals they would be able to claim up to GBP20,000 in compensation, four times the present maximum.
John Swinney MSP, the former SNP leader, has long campaigned for a more independent system.
Hesaid: "The society has had quite enough time to come up with a more credible solution than the one proposed."
However, Douglas Mill, the society's chief executive, said: "The opinion states there is insufficient right of appeal for the public and the proposals compromise the independence of the legal profession in Scotland.
"There is still time for the executive and justice ministers to take the society's concerns seriously and correct the bill."
Lord Lester's opinion states that the Scottish Legal Complaints Commission would not be an "independent and impartial tribunal" under Article 6 of the convention. He cites the fact that the commission would consider negligence - a civil law matter - as part of service complaints, yet there would be no right of appeal to a judicial body against its decisions.
Under the proposals in the Legal Profession and Legal Aid (Scotland) Bill, a challenge would be possible by judicial review to the Court of Session. But this could only be considered if there had been any flaws in the decision-making process, rather than examine any disputed facts in the case.
Lord Lester's criticisms came as a leading law professor branded MSPs hypocrites if they impose a reform they would not apply to themselves.
Professor Alastair Bonnington, of Strathclyde University and head lawyer for the BBC in Scotland, said: "If MSPs would be happy with this situation for themselves, it's perfectly reasonable for them to vote in favour of this bill. If they would not be happy about imposing such a regulatory regime on themselves, they are hypocrites to vote in favour of this bill."
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