60 seconds with…. Lynda Towers

The new Convener of the Mental Health and Disability Law Sub-Committee discusses her career, mental health awareness and the recent response to the proposed Learning Disabilities, Autism and Neurodivergence Bill.

Lynda, could you tell us a bit about your career so far?

Most of my working life was as a government lawyer, covering instructing legislation, litigation, public inquiries and the breadth of advice any government or legislature requires. I also spent some time advising on mental health issues and dealing with restricted patient appeals. I spent eight years as Solicitor to the Scottish Parliament, requiring even closer involvement with politicians, but keeping politically neutral, before moving to private practice as a consultant considering constitutional issues. I moved from government two weeks before the Brexit vote so there was a lot to talk and write about over the next five years. I became a regular on the conference circuit!

In the committee’s recent response to the proposed Learning Disabilities, Autism and Neurodivergence Bill, you mentioned that greater clarity is needed: “Any new legislation in this area must deliver real improvements to people’s lives.”

Drawing on your experience in public law, could you reflect on the law-making process and some key lessons you picked up when drafting and interpreting legislation?

Effective consultation before the legislative process begins is essential, both with users of legislation and those who operate it for the benefit of those users. Without this the outcomes of the legislation may not meet the day-to-day needs of the user. This is always a challenge for those putting the legislation together, whether ministers or administrators. It is even more difficult when legislation is impacting and will hopefully be of real benefit to vulnerable people who may find it difficult to be heard in society. Difficult questions need to be asked before drafting starts as to what is really necessary to make positive changes, as opposed to easy solutions where the unintended consequences may not be addressed and may not work in practice. The worst outcome would be legislation that is not used or is not seen as useful to those it is designed to help.

With an extensive career in government and parliament, what has been a personal highlight for you?

On the wider scale, there is a satisfaction in seeing a positive news story on TV or in the newspapers and feeling I was part of that, even if it was a small part. You also have to accept the counter effect too. The highlight, however, must be all the different people I have met in different legal jurisdictions with their different takes on the same questions. It can be a challenge, from explaining a picture of Ensign Ewart at the battle of Waterloo to an American lawmaker, to explaining the concept of free elections to visiting legislators from less open regimes elsewhere in the world. It has been fun and made me an unintended diplomat on occasion.

Last month was Mental Health Awareness month, and with the committee focused on engaging with law reform following the Scottish Mental Health Law Review, could you share why a focus on mental health is so important? Particularly in legislation?

I am also Convener of the Constitutional Law and Human Rights Sub-Committee and we are at a time when the work of the two committees seems to be aligning because of the growing awareness of human rights in society, recognising the need to protect but also empower and help those with mental health issues. Discussing mental health concerns is no longer a taboo subject in a modern Scotland. We are also at the legislative foothills of major amendment of mental health legislation in Scotland, following the extensive work of the Scott Review, to turn it into a responsive and relevant framework for mental health care today and going forward. We all have to contribute to getting it right. It looks like a busy period moving forward for both committees.

After 30 years in the profession, what piece of advice would you give to a new solicitor? 

Take any opportunity you are offered to expand on your legal experience, even if you are busy or cannot see the point. It will make you a better lawyer and maybe even a more interesting person. It may be years before you realise it was a good decision, even if it did not necessarily end up the way you anticipated.

And finally, what keeps you busy outside of work?

I have two small granddaughters and have had to recognise that after more decades than I care to admit to in law, and with a career involving negotiation behind me, I can still be defeated in a discussion by a four year old. I also read, enjoy music and sail, preferably in warmer climes than Scotland.