Justice and Home Affairs Committee, 15 Mar 2000

Meeting date: Wednesday, March 15, 2000

Official Report 304KB pdf

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Petition (Legal Aid)

We move on to item 2, which is petition PE71 by James and Anne Bollan. It has been circulated to members of the committee. Members will recall that, at the first meeting of the committee after the Easter recess, we will discuss in detail potential future items of business and decide where we will go with them. Legal aid has been flagged up on a number of occasions and it might be appropriate to note this petition today and to put it on to the agenda for that meeting.

However, the petition is drawn in specific terms and, in the intervening period, we could send the petition to the Scottish Legal Aid Board for comments on the general issues that it raises. The answer would inform our discussion at the first meeting after the Easter recess. Are members content with that approach?

Members indicated agreement.

I misread the petition initially. I would be interested to receive the Legal Aid Board's comments on legal aid for representation of victims' families at fatal accident inquiries. The board appears to think that the procurator fiscal always defends the family's interests, but the procurator fiscal is there for the public interest. Although those two interests may coincide, they do not always do so.

In a case in which I am involved—I will not mention any names or details as it is continuing—the sheriff commented that the victim's family should have been able to have representation at the fatal accident inquiry. In addition to asking about the specific petition, which takes the issue on a stage, I would be interested in getting a response for our deliberations about the fatal accident inquiry.

That is fair enough. We can include that in the letter.

The Scottish Parliament information centre should provide us with a note on the proceedings that are exempted from legal aid. This is an exempted proceeding, like employment tribunals.

Let us not burden SPICe if the Legal Aid Board is prepared to do the work.

I am happy to support the issue that Kate MacLean suggested we put to the Legal Aid Board. I wish to discuss the petition after the Easter recess in the context of the complex issue of access to justice. This is not the only area in which there are problems relating to the qualifications for legal aid. We need to explore ways in which we can improve access to justice and prevent finance becoming a barrier to that.