Chamber and committees

:I apologise for my letter coming late last night. It has a lot of detail in it and I am not aware of whether all the committee members have been able to go through it. I have been able to outline some of the work that I have been doing to get secondary legislation through during the current parliamentary session and, as we look ahead to the next parliamentary session, it will be up to the next Government to take that work forward. I think that it will include developing new primary legislation to modernise the legal aid framework, with the aim of introducing a clearer and more flexible system and supporting longer-term reform.

On top of that—I can guarantee that this will happen, because it was introduced by this Scottish Government—we have the implementation of the provisions of the Regulation of Legal Services (Scotland) Bill, which was passed last year. That will include the phased commencement of licensed provider provisions, which will support the delivery of the legal aid traineeship fund by the Law Society of Scotland to support long-term workforce resilience alongside on-going evaluation to strengthen legal aid.

Good morning, committee, and thank you, convener.

I welcome the opportunity to speak to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026. This Scottish statutory instrument forms part of the Scottish Government’s programme of legal aid reform, which aims to strengthen access to justice and ensure that the system remains fair and sustainable for those who need it most.

The instrument will increase solicitors’ fees and fixed payments for criminal, civil and children’s legal aid and advice and assistance by 13 per cent, commencing on 1 September 2026. Additionally, it makes further changes to legal aid, amending regulations laid last December, and meets a commitment given to the Delegated Powers and Law Reform Committee to make corrections and minor drafting and clarification changes to the Civil Legal Aid (Scotland) Regulations 2002 and the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

The SSI has been developed in close collaboration with the Law Society of Scotland and the Scottish Solicitors Bar Association, and I want to express my thanks for their valuable contributions to the negotiations. I would also like to extend my gratitude to the Scottish Legal Aid Board for its input on the technical and operational aspects of the fee increase.

The SSI provides a significant increase to solicitors’ fees, ensuring that legal aid professionals are better remunerated and supported and allowing them to continue to make a real difference to people’s lives. The 13 per cent increase in fees addresses the profession’s concerns and contributes positively to the retention of legal aid solicitors as it decreases the potential risk of their stopping legal aid work. That would have a detrimental impact on access to justice and solicitor availability, as the committee heard in evidence to its recent inquiry on civil legal assistance. Indeed, the Law Society of Scotland has publicly welcomed the increase, calling it

“a lifeline for access to justice”.

The SSI forms part of a broader package of reform that includes the establishment of an independent fee review mechanism group, which will help shape the future of legal aid by creating a robust, evidence-based process for reviewing and agreeing legal aid fees. The package also includes further secondary legislation that will come into force on 1 April, 1 June and 14 December this year, as approved by the committee on 3 February.

Additionally, funding for 40 traineeships with digital support for new trainees will be provided as part of the fee uplift package of reforms to further support access to justice. The package demonstrates the Scottish Government’s commitment to a long-term investment in the talent pipeline into the legal aid profession.

In summary, convener, the fee uplift reaffirms our commitment to continuing to provide a robust legal aid system and supporting solicitors to provide crucial legal aid services, which, in turn, allow people access to justice whenever they might need it. We aim to ensure that people get the help that they need and that the solicitors are there to provide it.

I am happy to take questions.

:Absolutely. As we move into the next parliamentary session and consider primary legislation for legal aid reform, it is really important that all the recommendations from the committee’s civil legal aid report are taken into account for the next Scottish Government to move forward.

:Through some of the reform that we have been doing in secondary legislation, uplifts will be coming in on 1 April, 1 June and 14 December. The 1 September date for the introduction of the 13 per cent uplift has been negotiated with the profession. SLAB and the profession will have operational aspects to put in place, so it is not something that can be done overnight. We have had discussions with the profession and it is happy for the uplift to be introduced on 1 September.

They have not been used for those offences in the past year.

Yes.

Would it be helpful for me to go through some statistics from the past year for offences for which fixed-penalty notices have been issued?

Riotous behaviour while drunk in licensed premises has been removed.

Good morning. Thank you for the opportunity to address the committee on this instrument, which makes targeted and proportionate updates to the antisocial behaviour fixed-penalty notice regime. That regime enables the police to respond swiftly and appropriately to low-level antisocial behaviour and so ensure that such behaviour has meaningful consequences. Fixed-penalty systems are well established and the principle of the regime has not, to my knowledge, been questioned in the Parliament.

The draft order makes three updates. First, it removes from the regime two offences for which ASBFPNs were not issued in the most recent year for which data is available, which will help to keep the regime focused on offences for which it is actually being used.

Secondly, it adds to the regime the offence of displaying threatening or abusive behaviour under section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Section 38 is now routinely used for dealing with lower-level threatening or abusive conduct. The offence’s inclusion in the ASBFPN regime will align the scheme with current policing practice and the fact that such offences are already eligible for the use of recorded police warnings.

Thirdly, the order uprates the penalty amount from £40 to £70. Using the gross domestic product deflator, £40 in 2005 is equivalent to around £68 today, so the new level will restore the original penalty’s value.

The wider review of antisocial behaviour legislation that we have begun will give ministers in the next parliamentary session the opportunity to consider more substantial reforms.

In developing the instrument, officials have engaged with the Crown Office and Procurator Fiscal Service and Police Scotland. The Lord Advocate has highlighted the strengthened guidelines on police direct measures, which set clear limits on ASBFPN use, require consideration of victim impact and provide for monitoring, audit and annual reporting. Police Scotland is also working with Community Justice Scotland on a new referral and signposting pathway for first-time offenders, which aims to reduce reoffending. The pathway is expected to be introduced later this year.

Overall, the amendments update an established regime that operates within a framework of safeguards and oversight. I understand that the Delegated Powers and Law Reform Committee considered the instrument on 27 January and raised no points on it.

I am happy to take questions, convener.

Sorry—would you repeat that?