Chamber and committees

As I said, Police Scotland has stop and search powers. Where it is appropriate and necessary, Police Scotland also has powers under section 60 of the Criminal Justice and Public Order Act 1994, which allows searches to be carried out in a particular locality for a specific period of time, and police can ask for the removal of face masks. The issue is important, and I am happy to meet the member to discuss it further.

I will come to legal aid and access to justice later in my speech.

The ACCC issued a decision in October 2021 that found that Scotland and the UK were not compliant with the requirements of the convention in relation to access to justice. That was the latest in a series of findings of non-compliance. As a result, the UK was required to submit an action plan in 2022 followed by a progress report in October 2023 and a final progress report in October 2024. The UK Government submitted that report, which incorporated a contribution from Scotland, and we await the response from the ACCC. We believe that there is much to be welcomed in both the concrete actions that have been taken and the commitments for the future.

One action that the Scottish Government has provided is that court fees will no longer be payable for Aarhus cases in the Court of Session. A second change is that the Scottish Civil Justice Council has made a number of technical changes to the system of protective expenses orders that support those who raise Aarhus cases in the courts. Those changes support confidentiality, protection from interveners costs and the treatment of appeals.

The Scottish Civil Justice Council has also made a commitment to consult on the more fundamental proposals to expand the protective expenses order regime into the sheriff court and private nuisance claims. The consultation features in its work programme for 2025-26, and I hope that many of the environmental non-governmental organisations that follow the topic closely will participate. There is also proposed action on legal aid reform.

We recognise that reform is needed in our legal aid system to ensure that it is responsive and user-centred and that it works effectively towards the delivery of agreed outcomes in a way that would be expected of a public service, with transparency and accountability for public funding being embedded in the process. “The Vision for Justice in Scotland: Three Year Delivery Plan 2023/24 to 2025/26” contains an action to

“Engage with key stakeholders to inform and shape future legislative proposals”

in relation to the reform of legal aid. In February, I published a legal aid reform discussion paper, which sets out the areas of work that we will undertake to improve legal aid in the short-to-medium and the long terms. I will bring regulations by the end of 2025 to simplify the regulatory framework that governs the eligibility for legal assistance and to improve the application process.

I will.

I am not able to give an absolute date during this debate. I apologise for that, but we will do everything that we can to become compliant.

For example, any change in how planning law works must be considered alongside consideration of how a change to court rules would affect judicial oversight, and conclusions on environmental governance interact with how legal aid may support challenges. That complexity is reflected in the convention itself, which says that the parties shall

“establish, on a consensus basis, optional arrangements of a non-confrontational, non-judicial and consultative nature for reviewing compliance with the provisions of this Convention”.

It is a review process in which we work collaboratively towards compliance. Issues are identified and we respond.

I welcome this committee debate on the Aarhus convention.

Scotland has a strong history of leading the response to environmental change and responding to the requirements of the Aarhus convention. Although I acknowledge that the Aarhus convention compliance committee—the ACCC—has never found the United Kingdom or Scotland to be fully compliant with the convention since it came into force in 2001, meaningful advances towards full compliance have taken place during the lifetime of this Government and that advancement was recognised by the compliance committee when it said, in 2017, that it welcomed the significant progress towards compliance. That progress has continued.

The Government is clear that the Aarhus convention is an international treaty and that compliance is not optional. However, what compliance looks like is complex and involves careful consideration of an array of statutes, policy areas and mechanisms that interact with each other.

Thank you, Deputy Presiding Officer.

Yes. I know that we cannot do the primary legislation in the current session, but we can put secondary legislation in place. The reason why the discussion paper was delayed slightly is that I wanted to make sure that we could achieve what we want to achieve in 2025.

I will bring forward regulations by the end of 2025 to simplify the regulatory framework that governs the eligibility for legal assistance and to improve the application process, reducing the burden on both solicitors and those who need legal services and ensuring that funding is provided as quickly and easily as possible.

We will also resume work to conduct research on legal aid fees and implement changes that are informed by that research. Both of those areas of work will make it easier for solicitors to work with legal aid funding and for those who need help to obtain it. In the longer term, we will take forward a review of the whole system to ensure that it is adaptable, flexible, affordable and sustainable for the future.

One part of the reform work is looking specifically at diversifying funding and delivery models. My vision is that the delivery of legal aid in all its possible forms is shaped by an evidence-informed approach to assessing need, embedding the user voice and designing services to focus on the effective delivery of outcomes.

I will carry out a series of engagements to hear views from all those across the justice system on areas of reform, and we will work with the private sector, the third sector and users of legal assistance services, as well as the environmental sector, to develop that system and identify what primary legislation would be required to deliver it.

I hope that that gives a flavour of the actions that we are taking forward towards compliance with the Aarhus convention and our absolute commitment to maintaining progress towards achieving that goal.

The Thistle operates like any other national health service facility and works closely with community safety partners to prevent and address antisocial behaviour.

Through the Thistle oversight group and community engagement forum, the community safety partnership, the alcohol and drug partnership and other stakeholders support the local community and encourage reporting of any concerns.

The CSP reports that there has been no increase in antisocial behaviour and that there has been a decrease in drug paraphernalia. Police Scotland reports that there has been a reduction in local drug dealing. Glasgow City Council collects discarded needles when such needles are reported.

Local policing actively responds to reports to deter criminal activity and enhance public safety. Public support is vital, and Police Scotland encourages the public to report concerns to it or to Crimestoppers.

I have met the Scottish Fire and Rescue Service in recent weeks. The rise in national insurance for its staff is a huge concern, and I am looking at having on-going conversations with the service in that regard.

I am happy to sit down and discuss the matter in the first instance with you, Ms Hamilton. I received your letter and I was not aware of the proposed bill that you mentioned in that letter.

No evidence has been provided to suggest that there has been an increase in injecting or in discarding of paraphernalia. I agree with Audrey Nicoll that we must ensure that accurate information is communicated, both in the chamber and to the local community.

As I said, the Glasgow health and social care partnership has confirmed that it has not been alerted to any specific incidents of antisocial behaviour. Additionally, I point out that no concerns about increased injecting in the community have been raised by stakeholders, including by community representatives at the first community engagement forum meeting, which was held on 25 February.