Chamber and committees

The purpose of the instrument is to carry out some of the reform of the section 76 fees, which will help by resolving cases before they get to trial, where that is appropriate. I should also mention the across-the-board uplift in fees for the different sectors in the justice system.

However, I think that we need to take a wider look and think about the diversity issues; indeed, a group has been set up to look at those issues in detail. The figures quoted in the letter are of concern to me, too, but I should point out that, in some of the areas that we are talking about, there are really fantastic law centres that are being supported by the Scottish Legal Aid Board and the Scottish Government. They are going to see a 10 per cent increase in their funding, too.

I announced yesterday that a lot of the organisations that are funded through the Scottish Government and the Scottish Legal Aid Board for access to justice projects have had their funding agreed for the year ahead, and some of those projects are in some of our most deprived areas, too. Therefore, although I understand the concern that has been raised, I draw some level of comfort from knowing that there are law centres doing a fantastic job in those areas and that we are going to support them.

It might be helpful if I bring in Denise Swanson at this point.

Following the pressures of recent years, which have been brought on by the global pandemic, Police Scotland has been very clear that it will prioritise 999 calls, and the Scottish Government supports that position. The average answer time for 999 calls is around five seconds, and for 101 calls it is approximately two minutes. However, 101 is a non-emergency service, and callers are reminded throughout their wait that if it is an emergency or an escalating situation, 999 should be dialled. All young people should understand that.

Knowing how and when to contact our emergency services is a key skill that we want our children to have at the earliest possible age. Educational information on emergency services is delivered through the health and wellbeing curriculum, and there is a range of materials to assist teaching professionals who are delivering that learning. Furthermore, Police Scotland, the Scottish Fire and Rescue Service and the Scottish Ambulance Service work directly with schools and local authorities to ensure that their role is widely understood among children and young people.

The Scottish Legal Aid Board’s most recent report shows that the number of grants of civil legal aid in 2021-22 was slightly above the long-term five-year, 10-year and 15-year averages. Within that total, there has been significant growth over time in work relating to adults with incapacity—primarily guardianship applications and renewals. That has been partly offset by a reduction in the number of other types of cases, including family law and personal injury cases, the vast majority of which are now undertaken on a no-win, no-fee basis.

In order to assist with its work to monitor the accessibility and availability of legal services, SLAB recently began a research project that is aimed at exploring how trends in legal aid activity at the subnational level compare to the national trend and vary between areas of law. The research will analyse data relating to the location of the applicant, solicitor and court. SLAB intends to publish the full results of its analysis when it is completed.

The Scottish Government’s violence against women and girls unit funds a linked project that employs advocacy workers, a project co-ordinator and administrative support, and funds the delivery of a national helpline. Both projects are interdependent, and the advocacy workers act as initial points of contact prior to help being provided by a local solicitor.

Since 2019, there have been three uplifts across all legal aid fees. In 2021, there was £10 million in other funding, including for 40 traineeships, and a further £11 million package of reforms is to be implemented in May.

We are committed to working with the legal profession to develop an effective and evidence-based mechanism for keeping legal aid fees under review. Considerable work has therefore been undertaken since the review to support and reform legal aid. The Scottish Government consulted on potential legal aid reforms before the pandemic and will be undertaking further targeted engagement to progress the manifesto commitment on legal aid reform this year.

Access to legal aid is an important aspect of supporting individuals to claim their rights through the courts and should rightly be recognised as an invaluable public service. It is also important to try to build consensus around a reformed system of legal aid. That is why, along with the Law Society of Scotland and the Faculty of Advocates, I will co-chair a working group to look holistically at the future of the legal profession in Scotland. That deep dive will be critical as we move forward.

Civil legal aid is available to tenants of private and public sector landlords to oppose eviction proceedings. The usual tests of financial eligibility, probable cause and reasonableness apply. If an applicant’s home is at risk, it is likely that they will satisfy the merits tests. There are also special urgency provisions in place that allow solicitors to take steps—without needing the Scottish Legal Aid Board’s prior approval—to protect an applicant’s possession while a legal aid application is being considered. An eligibility estimator for civil legal aid is available on SLAB’s website so that potential applicants can check if they are likely to qualify financially.

When a landlord serves a notice to leave, the notice clearly states that the tenant might wish to contact a solicitor and that legal aid might be available to them. Solicitors and the Scottish Legal Aid Board can give advice about entitlement and about making an application. The Scottish Courts and Tribunals Service website also contains advice on representation at hearings.

It is important to underline that many organisations can help in defending tenants with an eviction case. The Civil Legal Assistance Office represents tenants on a daily basis, and free advice and assistance might be available from Citizens Advice Scotland, the Scottish Association of Law Centres, in-court advisers or sheriff clerk offices.

As I confirmed, the Scottish Government will undertake further targeted engagement this year to progress a manifesto commitment on legal aid reform. Such engagement is necessary to further inform the consultation exercise for legal aid reform that originally took place in 2019.

It is important to acknowledge the post-Covid justice landscape and user need, as we have seen much greater adoption of technology by users, courts and legal aid providers. It should also be recognised that, despite the economic downturn and other global challenges, the Scottish Government has retained the wide scope of legal aid provision, in contrast to many other jurisdictions where the provision of legal aid has been significantly curtailed.

The case of Hanlon Stevenson is truly remarkable. The Cabinet Secretary for Justice and Veterans had the privilege of meeting that young hero at the chief constable’s bravery and excellence awards ceremony last month, where Hanlon and other members of the public were honoured for their quick thinking and courage. Hanlon’s actions emphatically underline the importance of ensuring that children and young people know what to do in an emergency. Schools, families, communities and our hard-working blue-light services all have a role to play in ensuring that how and when to call 999 is understood at the youngest possible age.