Current status: Answered by Siobhian Brown on 18 June 2024
To ask the Scottish Government whether it will commit to amending Regulation 15 of the Civil Legal Aid (Scotland) Regulations 2002 to (a) broaden the scope of legal aid to include community groups and non-governmental organisations (NGOs) and (b) ensure that legal aid is available in public interest litigation on environmental matters, in order to comply with access to justice requirements under Article 9(4) of the Aarhus Convention, before the Aarhus Convention Compliance Committee’s deadline of 1 October 2024.
The Scottish Government is committed to strengthening compliance with the requirements of the Aarhus Convention. We also remain committed to retaining a demand-led and sustainable system of legal aid, with legal aid funding to remain available to support individuals with the most need. Legal aid can be made available, at present, to individuals whose litigation engages matters of wider public interest, provided it can be demonstrated to the Scottish Legal Aid Board that the outcome of the case will have a direct tangible benefit to them. Our “Vision for Justice in Scotland: three year delivery plan” contains an action to engage with key stakeholders to inform and shape future legislative proposals in relation to the reform of legal aid. Discussions on legal aid reform will take place this year and will include environmental stakeholders.