Justice Committee

Meeting date: Tuesday, March 16, 2010

Official Report 447KB pdf

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Subordinate Legislation

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Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2010 (Draft)

I draw members’ attention to the draft regulations and the cover note on them, which is paper J/S3/10/10/1. The Subordinate Legislation Committee had no points to make on the regulations.

I welcome the Cabinet Secretary for Justice, Kenny MacAskill; Colin McKay, from the Scottish Government legal system division; and Fraser Gough, from the Scottish Government legal directorate. I understand that the cabinet secretary will make an opening statement.

I can do so if you wish, convener, but the matter is fairly straightforward, so I am happy simply to move the motion, unless there are any questions.

I suspend the meeting briefly, as there is to be a change of officials.

10:06 Meeting suspended.

10:06 On resuming—

As there are no questions, the matter has been dealt with extremely expeditiously.

That enables us to go on to agenda item 3, which is formal consideration of motion S3M-5735, to recommend approval of the regulations.

Motion moved,

That the Justice Committee recommends that the draft Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2010 be approved.—[Kenny MacAskill.]

Motion agreed to.

Do members have any questions?

Members: No.

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International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 (Draft)

We are probably content with that.

I turn to agenda item 5, which is formal consideration of motion S3M-5848, to recommend approval of the order.

Motion moved,

That the Justice Committee recommends that the draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 be approved.—[Kenny MacAskill.]

Motion agreed to.

We reconvene with agenda item 4, that change having been achieved with remarkable alacrity. I draw members’ attention to the draft amendment order and the cover note on it, which is paper J/S3/10/10/2. When the Subordinate Legislation Committee considered an earlier version of the order, it raised concerns with the Scottish Government. That order was withdrawn and the current one was laid in replacement. The Subordinate Legislation Committee is satisfied that the new draft order addresses its earlier concerns and is content with it.

I again welcome the cabinet secretary, Kenny MacAskill, and Fraser Gough, from the Scottish Government legal directorate. We also have Brian Peddie, from the civil law division in the Scottish Government. I understand that you do not wish to make an opening statement, Mr MacAskill.

I suspend the meeting briefly while the witnesses change again.

10:07 Meeting suspended.

10:08 On resuming—

I am happy to do whatever the committee desires, but I am conscious of time. We have discussed the issue previously and the concerns have been dealt with in the revised order. I am happy to comment further if the committee so wishes.

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Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2010 (SSI 2010/57)

We have two negative instruments to deal with. I draw members’ attention to SSI 2010/57 and the cover note on the regulations, which is paper J/S3/10/10/3. The Subordinate Legislation Committee did not draw any matters to the attention of the Parliament in relation to the regulations. Do members have any comments?

I beg your pardon, convener.

Can I interrupt you there? For the sake of a reasonably ordered disposal of matters, we will dispose of the first instrument first.

I have one comment on the second instrument, which is on advocates’ fees in criminal procedures. They manifestly—

I take it that there are no comments on the regulations. Do members agree to note them?

Members indicated agreement.

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Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2010 (SSI 2010/63)

To my recollection, there has been no significant increase under the heading for some time, so I suspect that it is a catch-up provision. Do you wish us to pursue the matter with the Scottish Government?

I draw members’ attention to SSI 2010/63 and the cover note, which is paper J/S3/10/10/4. The Subordinate Legislation Committee did not bring any matters to the Parliament’s attention in relation to the amendment regulations.

There have been on-going discussions about the matter, which is of long-standing concern, between the Faculty of Advocates and the Scottish Legal Aid Board. There has been criticism of the level of payment for appeals. In the discussions, it was agreed that we would backdate the rise; we have honoured and implemented that commitment.

Robert Brown is correct to say that the provisions are different from those in other instruments, but that is the result of a problem, of which he is aware, relating to the level of fees and the reluctance of some counsel to become involved in appeal court business. We are ensuring that we deal with the problem, and we are honouring the indication that we gave while discussions were on-going that we would backdate the rise to the date of the initial discussions.

Unlike some other instruments in this category that we have considered, the regulations do not provide for a rise just by the rate of inflation; there is also a retrospective element in regulation 2(2). Do we have any information on the background to that, especially given the current climate? The purpose of the increase may be to catch up—it may cover a few years—or there may be another explanation. On the face of it, the rise needs to be questioned.

I do not want to make a big fuss about it—there is probably an explanation. We could inquire into the background to the increase and do our duty in that regard, but I will not stand in the way of the regulations this morning.

The issue is fairly straightforward. Are members content to note the regulations?

Members indicated agreement.

10:12 Meeting suspended.

10:13 On resuming—