Justice 2 Committee, 08 Jun 2004
Meeting date: Tuesday, June 8, 2004
Official Report
333KB pdf
Subordinate Legislation
Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004 (Draft)<br />Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004 (Draft)
Item 2 is subordinate legislation. We have two motions on affirmative instruments to consider—motion S2M-1399, in the name of Cathy Jamieson, on the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004, and motion S2M-1400, in the name of Cathy Jamieson, on the draft Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004. We will ask questions and then decide whether we wish to agree to recommend that the regulations be approved.
I welcome to the meeting the Deputy Minister for Justice, Mr Hugh Henry, who has kindly appeared to move the two motions.
Thank you, convener. I feel a bit like a warm-up act for the main proceedings of the afternoon.
The regulations serve two purposes. First, they provide part of the legislative framework that is needed for the domestic abuse court pilot, which is to start in Glasgow sheriff court on 2 August. Secondly, they introduce an interim increase in the fees paid to solicitors who provide civil advice and assistance.
The draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004 allow assistance by way of representation—ABWOR—to be made available in the domestic abuse court, and follow the recommendations of a multi-agency working group chaired by the sheriff principal. Under the current rules, assistance by way of representation is available from a solicitor of choice only in a case where the accused person intends to plead guilty, if it is likely that a custodial sentence will be imposed, or if it is likely that the sentence will result in the loss of livelihood. Regulatory changes are needed so that those criteria do not apply to cases in the domestic abuse court. Regulations also have to be amended to allow ABWOR to be made available in the domestic abuse court for hearings relating to sentence where summary criminal legal aid is refused, because ABWOR is not available at present in the summary criminal courts.
Civil advice and assistance have been the subject of much recent discussion between the Law Society of Scotland, the Scottish Legal Aid Board and the Executive. We need to introduce a more fluent structure to improve the services that are provided, increase the fees that are payable and reduce unnecessary expenditure. The board and the Law Society have produced proposals for reform, which the Executive is considering as part of the strategic review.
In the meantime, in order to reflect the changes that were introduced as a result of civil legal aid reform, we are introducing a 5 per cent interim increase in solicitors' fees for civil advice and assistance with effect from 28 June 2004. Once we have the report from the strategic review, we will look at a more comprehensive package of reform based on the principle of ensuring that the reward for such work is fair and in line with other parts of the legal aid system.
The draft Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004 increase the initial levels of expenditure that are available to solicitors before they have to get the board's approval to carry out more work.
Other regulations will form part of the framework for the domestic abuse court and the interim fee increase and they are subject to the negative resolution procedure. I commend the regulations under discussion to the committee.
I move,
That the Justice 2 Committee recommends that the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004 be approved.
Thank you minister. Given the nature of the regulations, it occurs to me that, as an enrolled solicitor in Scotland, I should declare an interest. As members have no comments on the regulations, I will put the question. The question is, that motion S2M-1399 be agreed to.
Motion agreed to.
That the Justice 2 Committee recommends that the draft Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004 be approved.
Motion moved,
That the Justice 2 Committee recommends that the draft Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004 be approved.—[Hugh Henry.]
Motion agreed to.
I thank the minister for his appearance before the committee. You are never a warm-up act, minister; you are always welcome in your own right.