Equalities, Human Rights and Civil Justice Committee
At its meeting on 28 March 2023, the Equalities, Human Rights and Civil Justice Committee considered the following instrument:
The instrument is subject to the affirmative procedure (Rule 10.6).
The draft SSI was laid before the Scottish Parliament on 27 February 2023 and referred to the Equalities, Human Rights and Civil Justice Committee.
The purpose of the instrument is to make provision to (i) implement an increase of 10.2% to non-reformed legal aid and advice and assistance fees, and (ii) reform and simplify the criminal legal aid fee structure in solemn cases, with the aim of targeting fee rates more appropriately, reducing administrative costs to both legal provider and the Scottish Legal Aid Board, encouraging early preparation and resolution of criminal cases.
The instrument seeks improvements in service delivery, improved outcomes for service users, and deliver longer term efficiencies. Therefore, reform of summary and solemn fees alongside support for other aid types are both essential elements of the instrument.
The Delegated Powers and Law Reform Committee (DPLR) considered the instrument at its meeting on 7 March 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 Community Safety ("the Minister"), Elena Whitman MSP, has, by motion S6M-08058 proposed that the Committee recommends the approval of the instrument.
The Committee took evidence from the Minister at its meeting on 28 March 2023.
Following the evidence session, the Minister moved motion S6M-08058—That the Equalities, Human Rights and Civil Justice Committee recommends that The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) 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. 2) Regulations 2023 [draft] be approved.