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Chamber and committees

Question reference: S6W-04006

  • Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
  • Date lodged: 10 November 2021
  • Current status: Answered by Ash Regan on 18 November 2021

Question

To ask the Scottish Government what its response is to the reported adoption of the UNECE Meeting of the Parties to the Aarhus Convention decision VII/8s, and whether there are plans to reform judicial expenses in light of the decision.


Answer

The Scottish Government notes that paragraph 1(b) of response VII/8s published by the Aarhus Convention Compliance Committee (ACCC) endorses the findings of the ACCC's response VI/8k that progress has been made by Scotland. However, the ACCC considers that more needs to be done in respect of the requirements set out in paragraph 2(a), (b), and (d) of VII/8s. We are considering what action to take in respect of this and, as requested by the ACCC, will be submitting a plan of action, including a time schedule, by 1 July 2022.

As stated in the Programme for Government in September 2021, we will be introducing a Legal Aid Reform Bill in this Parliament and consulting on a Human Rights Bill in this Parliamentary year. In addition, in the next few weeks, we will be consulting on court fees for the years 2022 to 2025. In drafting these consultations and this legislation, we will give serious consideration as to how we can improve access to environmental justice.

The ACCC indicated that it had concerns about the operation of the system of protective expenses orders (PEOs). PEOs are the responsibility of the Scottish Civil Justice Council (SCJC) and the Scottish Government will raise the matter with SCJC.