Chamber and committees

Good morning, convener and members. Thank you for the opportunity to speak to the committee about the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No 2) Regulations 2023.

The instrument has been laid to deliver changes to legal aid regulations, primarily to ensure continuing access to justice in Scotland. It provides for an overall 10.25 per cent uplift in legal aid fees, distributed via a combination of targeted fee reforms and uplifts and overall increases.

The solemn and summary criminal fee reforms have been revised to ensure that, augmented by increases in specific fees, they deliver an overall increase of 10.3 per cent in fees payable for such cases. All other criminal fees not affected by fee reforms will be uplifted by 10.2 per cent. All civil and children’s fees will be uplifted by 10.2 per cent.

Restoring the criminal justice system in light of the impact of the Covid pandemic is critical to all involved in the justice system. The instrument implements a long-standing commitment to reform solemn and summary fees to deliver simplification and to better recognise preparatory work that is undertaken before a trial. The changes are a vital part of the Scottish Government’s wider strategic reform objectives.

The amendments to legal aid fees will also support the recover, renew, transform programme through enhanced remuneration where it is appropriate for there to be early resolution in cases. By supporting early resolution, the reforms will reduce the number of cases for which trial diets are fixed. That will assist with the courts recovery programme in tackling a backlog of cases due to the Covid lockdown and providing a more timely conclusion for victims and witnesses of crime.

That gives a brief overview of the draft regulations and their context. I am happy to answer any questions.

I have thought about the thresholds and what they mean for people who do not have access to legal aid. I am definitely keen to understand the figures, but I do not know whether those are available—

The purpose of the instrument is to carry out some of the reform of the section 76 fees, which will help by resolving cases before they get to trial, where that is appropriate. I should also mention the across-the-board uplift in fees for the different sectors in the justice system.

However, I think that we need to take a wider look and think about the diversity issues; indeed, a group has been set up to look at those issues in detail. The figures quoted in the letter are of concern to me, too, but I should point out that, in some of the areas that we are talking about, there are really fantastic law centres that are being supported by the Scottish Legal Aid Board and the Scottish Government. They are going to see a 10 per cent increase in their funding, too.

I announced yesterday that a lot of the organisations that are funded through the Scottish Government and the Scottish Legal Aid Board for access to justice projects have had their funding agreed for the year ahead, and some of those projects are in some of our most deprived areas, too. Therefore, although I understand the concern that has been raised, I draw some level of comfort from knowing that there are law centres doing a fantastic job in those areas and that we are going to support them.

It might be helpful if I bring in Denise Swanson at this point.

If the regulations today are agreed, once implemented, that will give an £11 million increase from April, which is going to be of benefit. In order to understand how we need to increase the fees going forward, we have to have that benchmarking information and that data. It might be helpful if I bring in Shona Urquhart at this point to speak a bit more directly to the question that Rachael Hamilton has asked.

The Scottish Legal Aid Board’s most recent report shows that the number of grants of civil legal aid in 2021-22 was slightly above the long-term five-year, 10-year and 15-year averages. Within that total, there has been significant growth over time in work relating to adults with incapacity—primarily guardianship applications and renewals. That has been partly offset by a reduction in the number of other types of cases, including family law and personal injury cases, the vast majority of which are now undertaken on a no-win, no-fee basis.

In order to assist with its work to monitor the accessibility and availability of legal services, SLAB recently began a research project that is aimed at exploring how trends in legal aid activity at the subnational level compare to the national trend and vary between areas of law. The research will analyse data relating to the location of the applicant, solicitor and court. SLAB intends to publish the full results of its analysis when it is completed.

The Scottish Government’s violence against women and girls unit funds a linked project that employs advocacy workers, a project co-ordinator and administrative support, and funds the delivery of a national helpline. Both projects are interdependent, and the advocacy workers act as initial points of contact prior to help being provided by a local solicitor.

Following the pressures of recent years, which have been brought on by the global pandemic, Police Scotland has been very clear that it will prioritise 999 calls, and the Scottish Government supports that position. The average answer time for 999 calls is around five seconds, and for 101 calls it is approximately two minutes. However, 101 is a non-emergency service, and callers are reminded throughout their wait that if it is an emergency or an escalating situation, 999 should be dialled. All young people should understand that.

Knowing how and when to contact our emergency services is a key skill that we want our children to have at the earliest possible age. Educational information on emergency services is delivered through the health and wellbeing curriculum, and there is a range of materials to assist teaching professionals who are delivering that learning. Furthermore, Police Scotland, the Scottish Fire and Rescue Service and the Scottish Ambulance Service work directly with schools and local authorities to ensure that their role is widely understood among children and young people.

Since 2019, there have been three uplifts across all legal aid fees. In 2021, there was £10 million in other funding, including for 40 traineeships, and a further £11 million package of reforms is to be implemented in May.

We are committed to working with the legal profession to develop an effective and evidence-based mechanism for keeping legal aid fees under review. Considerable work has therefore been undertaken since the review to support and reform legal aid. The Scottish Government consulted on potential legal aid reforms before the pandemic and will be undertaking further targeted engagement to progress the manifesto commitment on legal aid reform this year.

Access to legal aid is an important aspect of supporting individuals to claim their rights through the courts and should rightly be recognised as an invaluable public service. It is also important to try to build consensus around a reformed system of legal aid. That is why, along with the Law Society of Scotland and the Faculty of Advocates, I will co-chair a working group to look holistically at the future of the legal profession in Scotland. That deep dive will be critical as we move forward.

The case of Hanlon Stevenson is truly remarkable. The Cabinet Secretary for Justice and Veterans had the privilege of meeting that young hero at the chief constable’s bravery and excellence awards ceremony last month, where Hanlon and other members of the public were honoured for their quick thinking and courage. Hanlon’s actions emphatically underline the importance of ensuring that children and young people know what to do in an emergency. Schools, families, communities and our hard-working blue-light services all have a role to play in ensuring that how and when to call 999 is understood at the youngest possible age.