Chamber and committees

Yes, I do. Bob Doris has previously raised that issue, which is a complex one. I will come on to the question of a task force when I address members’ contributions. We know that a lot of the vehicles legislation is still reserved, so it is a case of getting a group together that can take some positive action, instead of just being a talking shop. That is what the Minister for Agriculture and Connectivity and I would like to do.

Police Scotland and local authorities engage with communities and already employ a range of tools, such as early intervention measures, which include targeted operations, antisocial behaviour orders, dispersal orders and fixed-penalty notices. The decision on what measures are appropriate is an operational decision.

I am aware that antisocial driving affects other parts of Scotland and that calls have been made for other transport-related antisocial behaviour matters to be considered, such as those relating to off-road vehicles, which Bob Doris’s recent motion highlighted.

As members will know, road safety legislation remains reserved, but we have fostered strong partnerships to maximise and enhance road safety. A good example of that is the Scottish safety camera programme, which reflects our commitment to collaborative working. Through that initiative, we partner with Police Scotland, Transport Scotland and local authorities to reduce speeding and dangerous driving, thereby making our roads and communities safer.

Absolutely. I am happy to talk to Minister Fairlie about that as we move forward, because I know that a lot of people here are passionate about the issue.

I will mention the attacks on emergency services last week. No one should ever face the abuse and violence that we saw last week. Although one officer was injured last week, that is a significant reduction on the same period last year, when 62 officers were injured. The level of hostility that was encountered by the emergency services when responding to the disorder last week was disgraceful. We must give credit to our emergency workers, our police and the Scottish Fire and Rescue Service, because they lead on the well-established police-led operation moonbeam. A lot of work goes into that operation—there is as a multi-agency national plan for bonfire night using public order officers. The operation was undertaken last year and this year, and we have seen a decrease in the number of injuries. I am not saying that any antisocial behaviour is acceptable, but we must give credit to our emergency services where it is due. I have been given assurance that the police are using intelligence to identify and apprehend those involved to bring them to justice.

Whenever we have antisocial behaviour debates, there is discussion of a wide variety of antisocial behaviour, which emphasises how complex the matter is. On the bus pass issue, which I know is quite topical, Transport Scotland is working with stakeholders, including the bus industry, to develop specific actions to tackle antisocial behaviour on the bus network. That includes changes to the application forms for the national concessionary travel schemes. Applicants for the scheme already have to agree specific terms and conditions when signing up, but we are working to strengthen those through changes to the application forms to specify expected standards of behaviour when travelling, and we are developing a behaviour code linked to operators’ conditions of carriage and existing legal protections.

I thank Bob Doris for highlighting the devastating case of his constituent David Gow, who lost his life. I know that Bob Doris is very passionate about this issue and has raised the case previously. I will continue to work with the Minister for Agriculture and Connectivity to see how we can put things in place.

I also highlight Clare Adamson’s work in her CPG. She raised a valid concern regarding driver behaviour and how we can use technology to improve it.

Thank you, convener, and good morning, committee. The instruments before you are the Upper Tribunal for Scotland (Transfer of Functions of the Transport Tribunal) Regulations 2024 and the Upper Tribunal for Scotland Bus Registration Appeals (Composition) Regulations 2024.These regulations are part of a package of four instruments that are closely connected and were all laid on the same date. The two affirmative instruments are important as they will continue the work to bring current tribunal functions into the Scottish tribunals structure and are essential as part of a wider package to enforce bus services improvement partnerships.

The first instrument, if passed, will transfer the devolved functions of the transport tribunal to the Upper Tribunal for Scotland. Those functions are the appeal functions that are currently exercised by the transport tribunal for certain financial penalties imposed by the traffic commissioner for Scotland on bus operators for failures to comply with certain statutory requirements set out in section 39 of the Transport (Scotland) Act 2001.

The regulations will also make transitional provisions to ensure that any live appeals before the transport tribunal transfer to the Upper Tribunal for Scotland. Equivalent bus enforcement powers conferred on traffic commissioners in England and Wales have an appeal route directly to the United Kingdom Upper Tribunal. Hearing appeals against service standard decisions in the Upper Tribunal for Scotland will ensure equal access to justice for any cross-border operators.

The second instrument, if passed, will make provision for the composition of the Upper Tribunal when deciding appeals against certain penalties that can be imposed against an operator of a local bus service under section 39 of the Transport (Scotland) Act 2001 and service standard decisions made by the traffic commissioner for Scotland in connection with bus services improvement partnerships.

Members of the Upper Tribunal can be legal, judicial or ordinary members. When deciding the appeals outlined above, these regulations provide that the Upper Tribunal may consist of: a legal or judicial member of the Upper Tribunal acting alone, or two or three legal or judicial members of the Upper Tribunal, or the president of the Scottish tribunals, acting alone or with no more than two legal or judicial members.

The power to choose between the compositions that I have just described is delegated to the president of the Scottish tribunals. The president of the Scottish tribunals, Lady Wise, was consulted on both draft sets of regulations in line with the requirements of the Tribunals (Scotland) Act 2014. Lady Wise indicated that she was content with the two instruments. There was also a public consultation that included the regulations, which closed on 27 October 2023.

I understand that the Delegated Powers and Law Reform Committee considered both sets of regulations on 1 October 2024 and was content.

I want to highlight that these regulations will have no impact on individual members of the public as they relate only to the appeals rights of local bus operators and local transport authorities. I am happy to answer any questions, convener.

The Scottish Government has taken significant steps to assist legal aid providers, including increasing legal aid fees by more than 25 per cent since 2019 and providing £1 million of funding to establish 40 traineeships in legal aid firms during 2021.

The number of legal aid solicitors can fluctuate for a variety of reasons, and the issue of solicitor availability is being explored by the Scottish Legal Aid Board, which is undertaking comprehensive analysis that will look in detail at legal aid activity at a geographical and subject matter level. We will continue to work with the legal profession and others to identify measures to improve and reform Scotland’s legal aid system.

Yes, I do acknowledge that risk. As I said in my earlier answer, the Scottish Legal Aid Board is doing comprehensive analysis to look at the detail of legal aid activity at a geographical and subject matter level and to see how it can be improved.

The legal aid system is a national one and it is flexible enough to allow services to be delivered by solicitors around the country to people in other parts of the country. There are numerous ways in which access to solicitors can be facilitated remotely, and funding is available to allow solicitors to travel to rural and remote parts of the country. However, as I have said before, the Scottish Government cannot compel private solicitors to take on work.

We are working closely with other portfolio areas in the Scottish Government to give particular consideration to how more targeted and planned interventions can support user need, align and identify Government priorities, and assist legal aid in being rightly recognised as an invaluable public service, so that more targeted provision in the current year could improve access to legally aided services in certain geographical areas or for groups with specific legal needs, such as victims of domestic abuse or people who are facing housing issues, especially now that the moratorium on evictions has ended.

It is important to note that court and police station duty numbers are not the same as the total number of solicitors who are providing criminal legal aid. As the member might know, the Scottish Government cannot compel private solicitors to undertake work. However, I am committed to working with the legal profession to find solutions to bring forward legal aid reform.

The Scottish Government is continuing to fund the early resolution and advice programme with just over £2 million this year for 16 projects in the third sector across Scotland, including rural and island communities. Project funding will continue to be provided to agencies in the Highlands and Islands until March 2025, focusing on advice related to the housing emergency and any associated debt-related issues that result from that. That includes funding for projects managed by the citizens advice bureaux in Orkney, Alness, Moray, Nairn and across Argyll and Bute.

In addition, the Scottish Government has allocated more than £12 million this year for the provision of free income-maximisation support, welfare and debt advice.

As the member knows, the “Vision for Justice in Scotland” is a three-year delivery plan that contains action to reform the legal aid system and to engage with key stakeholders to inform and shape future legislative proposals. Officials will take part in a series of stakeholder engagement sessions on legal aid reform in the coming months.

The Scottish Government is liaising with the Law Society of Scotland to evaluate the traineeship system that we funded a year or two ago.

I can answer that. Although the fee increases are more than in previous years, they should be seen in the context of the soaring inflation that we have experienced over the past few years, and the increased associated costs, which Walter mentioned. In 2021, there was no fee increase due to the pandemic; in 2022 and 2023, the increase was 3 per cent; and in 2024, it was 2 per cent.

There are no plans for further increases until 1 April 2026. The total increases are considered over a five-year period, which would be in line with the post-pandemic inflation as measured by the consumer prices index. One other thing to highlight is that the fees that have been selected for the higher percentage increase were chosen because they are lower in nominal terms, thus minimising any impact to access to justice. Specific examples, which I mentioned in my letter to the committee last week, are fees for the sheriff court caveat, which are proposed to rise from £48 to £58, and the fee for lodging a motion, which is proposed to rise from £54 to £65.