Chamber and committees

Legal aid fee schedules are complex and the reforms will simplify the current structures and support the court recovery programme. The changes will be implemented this April.

In solemn cases, the structure moves away from the current hybrid payment model and extends the use of inclusive or block fees, resulting in easier billing, reduced administrative costs and faster payment of accounts to solicitors. In summary cases, the reforms simplify the summary criminal fixed payment arrangements so that full payment can be achieved in the majority of cases via a single all-encompassing fee. The reforms will also reverse many of the fee changes and complexities that were introduced by regulations in 2011. In both solemn and summary cases, simplification reduces the scope for abatement of accounts and subsequent negotiation to seek additional payments.

The reform package encompasses a number of fees across solemn and summary cases. However, the Scottish Government was specifically asked to look at section 76 fees, for early resolution of solemn cases, and at the summary core fee. The average total payment in a section 76 case will increase by more than 60 per cent, and other cases that are resolved prior to trial will increase by more than 15 per cent. By supporting early resolution in appropriate cases, the reforms will reduce the number of cases for which trial diets are fixed, which will assist with the court recovery programme and tackle the backlog of cases due to Covid lockdowns.

I am acutely aware of that situation. Although we cannot compel individual firms or lawyers to take on legal aid work, I want to pursue that matter closely because of the nature of the issues that Beatrice Wishart has raised, including domestic abuse. I will be happy to write to the member as that unfolds.

Recent tragedies have illustrated how important this topic remains. The Scottish Government funds Water Safety Scotland throughout the year, winter and summer, to support and co-ordinate water safety campaigns that have been designed and delivered by our expert partners, including the Scottish Fire and Rescue Service, the Royal Life Saving Society and the Royal National Lifeboat Institution. That recently included issuing clear and consistent advice about staying safe around frozen lochs and rivers. Water Safety Scotland is also working with partners to deliver an ice safety workshop, which will be delivered directly to schoolchildren, but will also be available for general use.

Thank you, convener, and good morning, members.

The First-tier Tribunal for Scotland (Transfer of Functions of the Council Tax Reduction Review Panel) Regulations 2023 will, if approved, transfer the functions of the council tax reduction review panel to the Scottish tribunals structure that was created by the Tribunals (Scotland) Act 2014. The 2014 act created a new, simplified statutory framework for tribunals in Scotland by establishing the Scottish tribunals. The framework brings together existing tribunal jurisdictions and provides a structure for new jurisdictions.

The functions of the council tax reduction review panel and the valuation appeals committees, as well as certain functions of the Lands Tribunal for Scotland, are to be transferred to the Scottish tribunals on 1 April 2023. The regulations that cover the transfer of the functions of the valuation appeals committees and the Lands Tribunal for Scotland were considered at a previous meeting of the committee.

In relation to the regulations that are before the committee today, the council tax reduction scheme provides lower-income households with a reduction in their council tax liability. An applicant who is unhappy with their local authority’s decision on council tax reduction can ask for a review. If they are still unhappy following the review, they can apply to the council tax reduction review panel for a review of the local authority’s decision. The regulations transfer the existing functions of the council tax reduction review panel to the First-tier Tribunal for Scotland’s local taxation chamber and abolish the council tax reduction review panel.

Going forward, therefore, appeals of local authority decisions in relation to council tax reduction will be heard by the First-tier Tribunal local taxation chamber. The regulations also make consequential amendments to primary and secondary legislation resulting from the transfer of functions to the Scottish tribunals.

I understand that the Delegated Powers and Law Reform Committee considered the regulations on 10 January 2023. The DPLR Committee identified an incorrect cross-reference in the regulations. Officials have proposed that the instrument is amended prior to signing to correct the erroneous reference. The DPLR Committee noted the proposal for rectifying the error and agreed that the instrument should be drawn to the attention of the Parliament on general reporting grounds.

I am happy to answer any questions.

Thanks for that question. The Government was very aware of CPAG’s response during the consultation process.

The United Kingdom Government’s Welfare Reform Act 2012 abolished council tax benefit, removing council tax support from the benefit system. In response, the Scottish Government introduced the council tax reduction scheme, which creates a schedule of means-tested reductions to an individual’s council tax liability. It is important to point out that council tax reduction is not a benefit and is not administered by Social Security Scotland, which is what the social security chamber deals with. Rather, council tax reduction reduces applicants’ liability for council tax. It was a policy decision that all appeals relating to council tax, including council tax reduction, should be heard by the local taxation chamber, as they are issues that relate to local taxation.

In drawing up the regulations, Government officials were mindful of the complexities around council tax reduction and about the people who may be bringing cases to the local taxation chamber. The officials may want to elaborate a little bit on that.

Thank you for that further probing question, which requires a good answer.

Several existing members will be transferring to the local taxation chamber and they will carry their really good working knowledge with them. There is a thorough training package in place for any new members of a chamber, regardless of which chamber it might be.

We will ensure that people who are appointed to the chamber understand the very issue that you have raised in relation to dealing with the complexities of such cases, in which an element of discretion and understanding might be needed to ensure that people can access the justice that they are looking for.

It is important that we recognise that the chamber will not be dealing with anybody’s underlying entitlement to anything. However, the signposting element of anybody’s work is really important. I might need to come back to the committee with a fuller answer on that point, but I have definitely heard what you and Pam Duncan-Glancy have said in that regard.

A national bairns’ hoose governance group has been established and extensive engagement with key partners has been carried out. The first national bairns’ hoose standards will be published this spring.

We are developing a phased approach to implementation and will publish further information in the coming months, along with a progress report on our bairns’ hoose project plan.

We are also progressing the roll-out of the Scottish child interview model for joint investigative interviews, which will be a cornerstone of the bairns’ hoose approach to justice in Scotland.

I know that Rona Mackay, like me, has a keen awareness of adverse childhood experiences. The bairns’ hoose represents a child-centred approach to delivering justice, care and recovery for children who have experienced trauma. Services will be co-located, which will reduce the need for multiple interviews by different agencies in different locations, which we know can be retraumatising.

The national standards are based on the European PROMISE quality standards and, as a recent associate member of the Barnahaus network, we now have access to learning from existing best practice across member countries. Alongside partners, we will continue to draw on relevant best practice that is emerging in Scotland, including the Scottish child interview model, which continues to roll out at pace.