Chamber and committees

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.

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.