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.

Good morning, convener and members. Thank you for the opportunity to speak to the committee about the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No 2) Regulations 2023.

The instrument has been laid to deliver changes to legal aid regulations, primarily to ensure continuing access to justice in Scotland. It provides for an overall 10.25 per cent uplift in legal aid fees, distributed via a combination of targeted fee reforms and uplifts and overall increases.

The solemn and summary criminal fee reforms have been revised to ensure that, augmented by increases in specific fees, they deliver an overall increase of 10.3 per cent in fees payable for such cases. All other criminal fees not affected by fee reforms will be uplifted by 10.2 per cent. All civil and children’s fees will be uplifted by 10.2 per cent.

Restoring the criminal justice system in light of the impact of the Covid pandemic is critical to all involved in the justice system. The instrument implements a long-standing commitment to reform solemn and summary fees to deliver simplification and to better recognise preparatory work that is undertaken before a trial. The changes are a vital part of the Scottish Government’s wider strategic reform objectives.

The amendments to legal aid fees will also support the recover, renew, transform programme through enhanced remuneration where it is appropriate for there to be early resolution in cases. By supporting early resolution, the reforms will reduce the number of cases for which trial diets are fixed. That will assist with the courts recovery programme in tackling a backlog of cases due to the Covid lockdown and providing a more timely conclusion for victims and witnesses of crime.

That gives a brief overview of the draft regulations and their context. I am happy to answer any questions.

I have thought about the thresholds and what they mean for people who do not have access to legal aid. I am definitely keen to understand the figures, but I do not know whether those are available—

It is very helpful to set that out. In relation to the thresholds and people’s expenditure, the picture during a cost of living crisis is very different from the one a couple of years ago. We absolutely need to be cognisant of that.

Yes—I am very happy to look at the impact of the regulations as we go forward. As Shona Urquhart has set out, the 2026 date is not set in stone. We are now in a position where we are able to work as fast as possible to implement what we can. It is also helpful to understand that, as Shona Urquhart has already said, the profession is now on board with the process, which is really important. After Martyn Evans’s report came out, we also had the pandemic. Although some issues have held us back a bit, we will now, collectively, work as quickly as we can on that measure.

Since I came into post, I have had many conversations with the Law Society and the Faculty of Advocates, and we are setting up a working group, which will be co-chaired by all of us, to look at the future of the legal profession. That will include issues not just about reform but about diversity and how we retain people who are entering the profession; it is a jigsaw of things that all have to come together.

Although I understand some of the issues that have been raised in the Law Society’s letter, the letter itself does not actually represent the full state of play at the moment and the good will being shown by everybody around the table as we try to get a sustainable legal aid system for the whole of Scotland.

Last December, my predecessor as minister sent a letter to the Criminal Justice Committee with some annexes that it might be helpful for us to share with this committee in relation to its consideration of how we reform legal aid in the future.

In his report on the independent strategic review of legal aid in 2018, Martyn Evans stated that he was unable to recommend any concrete legal aid fee reforms because of the complexity of the system. Given the necessity of benchmarking the use of public money, I am clear that we need to gather in all the data. That will be important for enabling us to set out from the beginning what those reforms will look like.

As I said, it is a complex state of affairs and it would be helpful if we can provide that information to the committee to help members to understand the situation as we go forward in reform. We need to ensure that we take the time to get that right. There is no rushing that.

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.