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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 4 May 2021
  6. Current session: 13 May 2021 to 21 March 2026
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Displaying 1690 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Siobhian Brown

I do not know whether Bob Wyllie or Fiona McDiarmid wants to come in.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Siobhian Brown

We wanted to reform this part of the fixed-penalty notice regime, which is why the SSI was laid. Obviously, there has been a mistake in the data that was collected. Bob Wyllie, who was in charge of drafting the SSI, can say more about how the statistics were incorrect.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Siobhian Brown

I will have to bring in officials to answer that, because my understanding from my meeting with officials before we came into the committee is that the SSI was updating the position, because, for the past two years, it was deemed that there had not been any relevant offences, and, in liaison with Police Scotland, no one had brought that up as an issue. That is why the issue arose. It was only after this committee had looked into the matter that it was found that relevant offences had been placed in a different category. That is why I am back here today, listening to the committee, to ensure that it is only the increase in fees that is now added. When we move forward in the next parliamentary session with legislation and broader work on antisocial behaviour and fixed-penalty notices, the issues will be addressed at that stage.

10:45

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Siobhian Brown

Robert, do you want to speak about what safeguards are in place to ensure that this does not happen again?

Equalities, Human Rights and Civil Justice Committee [Draft]

Subordinate Legislation

Meeting date: 24 February 2026

Siobhian Brown

:Originally, it was to be 20 traineeships, which as a result of the negotiations has now gone up to 40 traineeships along with the digital support package. We are continuing to discuss with the Law Society the terms and conditions of that.

I will bring in Ciaran McDonald to talk about whether that point has been raised by the profession.

Equalities, Human Rights and Civil Justice Committee [Draft]

Subordinate Legislation

Meeting date: 24 February 2026

Siobhian Brown

:Yes. We went through that when we discussed the issue in a previous meeting. The work that I have been doing in the past 18 months is outlined in the letter that was sent to committee members yesterday. A lot of work has been done. Moving forward, there will be primary legislation from the next Scottish Government although, as we know, that does not happen quickly. However, in the meantime, I am still having discussions with the Scottish Legal Aid Board about priorities for things that can be done through secondary legislation in the next parliamentary session. Those conversations are on-going and aim to maximise the reform that we can do before we do the primary legislation. I hope that that gives you some comfort.

Equalities, Human Rights and Civil Justice Committee [Draft]

Subordinate Legislation

Meeting date: 24 February 2026

Siobhian Brown

:Yes. I have on-going conversations with SLAB—I met with it last week. We must be clear that the work that SLAB does is vital. We have a legal aid budget of £170 million and SLAB plays a huge role in legal aid reform. As I said in the previous committee session when we discussed the issue, there is an acknowledgement that, when we are doing legal aid reform, it will include parts of SLAB, and it is totally open to that.

Equalities, Human Rights and Civil Justice Committee [Draft]

Subordinate Legislation

Meeting date: 24 February 2026

Siobhian Brown

:There has been a long period of negotiations with the Law Society and the Scottish Solicitors Bar Association about this uplift during the past 12 months, and that is how we came to the 13 per cent figure. As you know, action was being undertaken, which ceased in December. That is the figure that we have negotiated and, as I said in my opening speech, the Law Society said that it will be a lifeline for the profession.

On top of that, the fee review mechanism group that was established had its first meeting in December last year. That is an important group that had been asked for for many years, and it means that fees can now be reviewed annually, which was important to the profession. With the 13 per cent increase and the fee review mechanism group having been set up, I am confident that we are on a stable footing moving forward.

Equalities, Human Rights and Civil Justice Committee [Draft]

Subordinate Legislation

Meeting date: 24 February 2026

Siobhian Brown

:Yes.

Equalities, Human Rights and Civil Justice Committee [Draft]

Subordinate Legislation

Meeting date: 24 February 2026

Siobhian Brown

:The negotiations that we have been having for the past couple of months have primarily been on fee uplifts, to ensure that solicitors get the fees that come in in September. We hope that that will attract more people into doing legal aid work across Scotland, which of course will be beneficial for and impact on rural areas. In that previous committee meeting, you referred to perhaps having a group to focus on rural legal aid in the next parliamentary session. If I am the minister, I would be happy to pursue that and consider how we can make improvements to legal aid in rural areas.