Justice Committee,

Meeting date: Tuesday, May 27, 2008

Official Report 232KB pdf

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Subordinate Legislation

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Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008 (Draft)

Good morning, ladies and gentlemen. Welcome to the meeting. I remind everyone to switch off their mobile phones. There are no apologies, because we have a full turnout.

Item 1 is consideration of an affirmative instrument. I draw members' attention to the regulations and to the cover note. Prior to formal consideration of the motion to approve the regulations at agenda item 2, this agenda item gives members an opportunity to ask questions of the Cabinet Secretary for Justice. I welcome Kenny MacAskill, the Cabinet Secretary for Justice, and Chris Graham, Scottish Government team leader on access to justice. I invite questions of either Mr MacAskill or Mr Graham.

As there are no questions, we move to item 2, which is formal consideration of the motion to approve the regulations.

The draft regulations are one half of the story of reforming summary criminal legal assistance. The intention is to deliver necessary changes to regulations covering financial limits and conditions for advice and assistance, and assistance by way of representation. Those changes, which support the wider summary justice reforms that were implemented on 10 March 2008, are designed to secure speedier, more effective justice.

The regulations are limited to changes that require approval by affirmative procedure. Other changes, principally to the levels and structure of fees to be paid to solicitors, are to be laid before Parliament in a negative instrument by 6 June.

Although the reforms have not been universally welcomed by the legal profession, I have confidence in the effectiveness and fairness of the summary criminal legal assistance provisions, which were developed after detailed negotiations with the Law Society of Scotland and other representatives of the legal profession.

The overall effect of the regulations and the instrument that is being drafted and will be subject to the negative procedure is to reward early resolution of cases while preserving reasonable fee levels for necessary work. I have committed to involving the profession in monitoring and reviewing the impact of the new arrangements.

I move,

That the Justice Committee recommends that the draft Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008 be approved.

As members have no comments or questions, I invite the cabinet secretary to wind up, if he feels that it is necessary.

I am happy to forgo the wind-up speech.

Motion agreed to.

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Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Amendment Order 2008 (SSI 2008/179)

Item 3 is consideration of a negative instrument. Are members content with the order?

I have one question. I note that staff are being transferred from the district courts to the Scottish Court Service. Might any of the staff involved in the district courts have had a dual role within the local authority by working in the district court but also carrying out other duties, for example licensing board duties? Are there any issues about the straight transfer of those staff? I am sorry that I did not manage to get this question in sooner, but I received the paperwork only on Friday. I want to clarify whether there might be some issues about staff with split responsibilities.

That is a possibility, bearing in mind the fact that some of the courts will not have a great deal of criminal work. Some local authorities might well have people performing dual functions. We do not have that information to hand, so we will write and obtain it.

Are members content with the order?

Members indicated agreement.

I suspend the meeting briefly so that the witnesses for the next item can take their places.

Meeting suspended.

On resuming—