Equalities, Human Rights and Civil Justice Committee
At its meeting on 3 October 2023, the Equalities, Human Rights and Civil Justice Committee considered the following instrument:
The instrument is subject to the affirmative procedure (Rule 10.6).
This instrument replaces the draft instrument dealing with the same matters laid on 6 September 2023. Regulation 2 of that earlier version made a technical amendment to paragraph 2A(a)(iii) of the Civil Legal Aid (Scotland) (Fees) Regulations 1989. However, the amendment in regulation 2 gave rise to potential confusion. Following discussion with the Committee’s legal advisers, the Scottish Government withdrew the draft instrument on 15 September 2023 and clarified the wording of the amendment prior to it being re-laid on 19 September 2023. It was then referred to the Equalities, Human Rights and Civil Justice Committee.
The instrument is made under powers in the Legal Aid (Scotland) Act 1986 and makes provision for the following changes to the criminal and civil legal aid schemes:
criminal legal aid is made available to pay for advice and representation by a solicitor for persons arrested and detained under sections of the National Security Act 2023 because they are suspected of being involved in foreign power threat activity
social security ‘carer support payments’ will be disregarded in assessment of eligibility for civil legal aid and children’s legal assistance and any liability to repay money to the Legal Aid Fund will not take account of these payments
amendments are made to legal aid provision for an increase in Solicitors’ and Counsel’s fees payable which cover the following Regulations:
Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993
Amendment of the Advice and Assistance (Scotland) Regulations 1996
Amendment of the Civil Legal Aid (Scotland) Regulations 2002
Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008
Amendment of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011
Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013.
The Delegated Powers and Law Reform Committee (DPLR) considered the instrument at its meeting on 26 September 2023. The DPLR Committee agreed that it did not need to draw the Parliament's attention to the instrument on any grounds within its remit.
It is for the Equalities, Human Rights and Civil Justice Committee to recommend to the Parliament whether the instrument should be approved.
The Minister for Victims and Community Safety ("the Minister"), Siobhian Brown MSP, has, by motion S6M-10545 proposed that the Committee recommends the approval of the instrument.
The Committee took evidence from the Minister and supporting officials, Shona Urquhart, Legal Aid Policy Lead and Martin Brown, Solicitor, Legal Directorate at its meeting on 3 October 2023. (Kevin Stewart attended as Committee substitute for Kaukab Stewart (Convener)).
Following the evidence session, the Minister moved motion S6M-10545—That the Equalities, Human Rights and Civil Justice Committee recommends that The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 [draft] be approved.
The motion was agreed to without division or dissent.
The Equalities, Human Rights and Civil Justice Committee recommends that The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 [draft] be approved.