Questions and answers

Question reference: S6W-08215

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 26 April 2022
Current Status: Answered by Ash Regan on 10 May 2022

To ask the Scottish Government what support it is offering to people who want to file a legal complaint against a solicitor but cannot afford to, in light of reports that none of the members on the Pursuers Panel in Scotland are taking on cases funded by legal aid.

The Pursuer Panel is a group of lawyers with expertise in dealing with professional negligence claims, and in particular claims against solicitors. About half of the firms represented are registered to carry out civil legal aid, but whether or not the lawyers take on legal aid cases is a matter for them. The Scottish Government cannot compel solicitors to provide advice. Funding is available under the civil advice and assistance scheme for applicants to consult solicitors to get advice on professional negligence. Civil legal aid fees have risen by 10.25% in the last 12 months. There is also funding available for any necessary reports to be obtained to allow the solicitor to confirm whether or not the test for professional negligence is met. Where there is evidence of negligence civil legal aid is available for professional negligence cases, including actions against solicitors. There are other solicitors who may take on this work outside the Pursuer Panel.

Question reference: S6W-08217

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 26 April 2022
Current Status: Answered by Ash Regan on 10 May 2022

To ask the Scottish Government what support is available to members of the public with a negligence claim against a solicitor.

The Master Policy is the compulsory professional indemnity insurance arrangement which covers all Scottish solicitors working in private practice, arranged by the Law Society of Scotland it exists to ensure that where someone establishes a valid claim for negligence against a solicitor, that claim will be paid - even if the solicitor is no longer in practice, no longer solvent or cannot be traced.

Prior to making a claim one must establish that a solicitor acted in a negligent way. Many claims are resolved by negotiation. Where negotiations fail, one may wish to raise court proceedings. In respect of a civil claim for negligence, an individual may choose to take this forward using a success fee agreement provided for by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. Success fee agreements provide clarity on the amount a client can be asked to pay their solicitor and place a cap on the level of the success fee that a solicitor can recover from a client’s damages, providing for greater consumer protection.

In addition, the Scottish Legal Complaints Commission has an oversight function, to monitor and make recommendations on the effectiveness, including improvement, of the Master Policy professional indemnity arrangements to the Law Society of Scotland. The Scottish Government liaised with the Law Society of Scotland and the Scottish Legal Complaints Commission to consult on amendments to the Master policy in December 2020, which would seek, as far as possible, to ensure that where awards of redress are made under the statutory complaints process, the complainer will receive redress in full.

Question reference: S6O-01054

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 04 May 2022
Current Status: Taken in the Chamber on 11 May 2022

To ask the Scottish Government what impact the boycott announced by the Scottish Solicitors Bar Association will have on the number of outstanding trials in Scotland.

Question reference: S6O-01027

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 27 April 2022
Current Status: Taken in the Chamber on 4 May 2022

To ask the Scottish Government what recent assessment it has made of the number of people requiring home care but who remain on waiting lists for such care.

Question reference: S6O-00968

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 April 2022
Current Status: Taken in the Chamber on 20 April 2022

To ask the Scottish Government how much it has allocated in its Budget for port upgrades ahead of Hulls 801 and 802 being completed.

Question reference: S6F-00958

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 28 March 2022
Current Status: Taken in the Chamber on 31 March 2022

To ask the First Minister what immediate improvements the Scottish Government plans to deliver for passengers when it takes control of ScotRail on 1 April.

Question reference: S6O-00928

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 23 March 2022
Current Status: Taken in the Chamber on 30 March 2022

To ask the Scottish Government what action it is taking to reduce neurodevelopmental assessment waiting times in Lanarkshire.

Question reference: S6W-07211

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 10 March 2022
Current Status: Answered by Jenny Gilruth on 23 March 2022

To ask the Scottish Government what plans it has to allow local authorities to trial the use of e-scooters in public places.

Question reference: S6W-06993

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 04 March 2022
Current Status: Answered by Jenny Gilruth on 17 March 2022

To ask the Scottish Government when the Transport Scotland Fair Fares review will be published in full.

The Fair Fares Review is part of a broad package of work being undertaken to ensure that there is a viable and sustainable transport system for the future. As part of this work we are taking forward activities to facilitate a safe and confident return to public transport as more people begin to travel between their home and their place of work, and as demand for leisure travel also increases.

The Fair Fares Review is being taken to forward to address a range of issues for public transport alongside our activities to support Covid Recovery. The recommendations and findings of the Fair Fares Review will be provided as they emerge on an ongoing basis throughout the review.

Question reference: S6W-06992

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 04 March 2022
Current Status: Answered by Jenny Gilruth on 17 March 2022

To ask the Scottish Government whether it will provide an update on what support it is providing to young people who have applied for a free bus pass under the Young Persons’ (Under 22s) Free Bus Travel Scheme, but are yet to receive their pass and are paying for bus travel.

Tell us your views

Seòmar agus comataidhean