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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 1 May 2025
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Displaying 1386 contributions

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Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

I cannot pre-empt what will be in the statement, but it will be given to all MSPs when it is available.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

That is not under my portfolio, but we can write to the committee about that.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

I will bring Walter Drummond-Murray into the discussion. As you said, it is quite a complex subject. I have responsibility for the access to justice part of it. There are also the environmental and planning aspects. We need to have a holistic, joined-up approach.

Historically, Walter has been dealing with the issue.

11:30  

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

Perhaps I can give you a little bit of history first. When the ACCC reported back in 2021, it asked that the UK be required to submit an action plan in 2022, followed by a progress report in October 2023 and a final progress report in October 2024. However, following the general election in July, and the consequent change of Government, the ACCC agreed to an extension for the submission of the final progress report to the end of this month. The Scottish Government supplied our report to DEFRA several weeks ago.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

As I said, we know that the SCJC has committed to public consultation on the extension of protective expenses orders to the sheriff courts. That will be in its work plan for 2024-25.

As it is independent of Government, it would be inappropriate for me to comment at this stage. If we got to the end of that consultation and there were concerns, it would perhaps be an issue that Government could consider at that stage. However, as the SCJC is moving towards a consultation, I do not think that it would be appropriate for me to interfere.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

Absolutely. One issue was the types of claims that are covered and the actions that we propose to take in that respect. In the context of the Aarhus convention, particular reference is made to nuisance and littering and the domestic law on both points under the Environmental Protection Act 1990. In Scotland, a litter abatement order would be sought in the sheriff court, but, to date, there has been very little available case law on that point. An action for nuisance would be raised in the sheriff court, too. The relevant committee of the SCJC has instructed the preparation of draft rules on the extension of PEOs to the sheriff court, with the aim of running a public consultation exercise on the matter next year.

The final point raised by the ACCC was about the level of cost caps. The SCJC has published on its website—so it is publicly available—a research paper about cost caps when used in practice. The paper sets out information on the use of PEOs based on the evidence available. The SCJC has given consideration to the cost caps, but is content to keep the current amounts at the moment. The SCJC has decided to maintain the ability to vary cost caps up and down, which is reflective of the statutory guarantee of judicial independence. Since cost capping was introduced in 2013, there have been no instances of caps being shifted upwards in practice.

The SCJC has also provided clarification of the phrase “on cause shown”; namely, that the party would need to demonstrate a valid reason. That is a Scots law term, and the SCJC has challenged the idea that it would cause enough uncertainty to lead to somebody abandoning proposed litigation.

Those are two areas in relation to which action is happening and proposed. As I said to the convener, there are other areas where we have taken action since the report was published.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

I will bring in Denise Swanson, who is the legal aid expert on regulation 15.

11:15  

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

I do not think that it will be me who will make the statement, so I do not think that it would be appropriate—

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

We recognise that we need to reform the legal aid system. The officials are seeking to work collaboratively, especially with the legal sector, and to build a consensus. I hope that all the stakeholder sessions that we are planning to hold will allow stakeholders to discuss the contents of legal aid reform and their priorities. We are definitely open to working with the legal profession and all stakeholders in legal reform, while seeing what we can do during the rest of the parliamentary session through secondary legislation to make some progress.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Siobhian Brown

That dates back to 2001. It is a long process, and there is not a deadline. In relation to the report that we got back in 2021, we have shown progress in all the areas that are being considered. The report has now gone to DEFRA; it is to be submitted at the end of November. We will wait for the feedback from DEFRA to see what further recommendations to take forward. We are keen to do what we can to be compliant.