Dundee defence solicitors escalate action over legal aid

Dundee defence solicitors escalate action over legal aid

Defence solicitors in Dundee are stepping up industrial action after what they described as “fruitless” talks with the Scottish government over criminal legal aid funding.

Members of the Dundee Bar Association (DBA) have voted to withdraw from a scheme operating at Dundee Sheriff Court that was designed to expedite non-jury cases and address the case backlog. The move signals a significant escalation in a long-running row over pay and conditions within the criminal legal aid system.

Solicitors argue that inadequate rates of remuneration are making it increasingly difficult for firms to recruit and retain staff, contributing to wider pressures across the justice system.

Confirmation of the action came in a letter addressed to Sheriff Principal Gillian Wade KC, who oversees courts in Tayside, Central and Fife. In it, DBA president Gary McIlravey warned the decision would have a “considerable effect” on the conduct of trials in Dundee. He added that the legal profession was being “run into the ground”.

Responding to the development, SNP victims minister Siobhian Brown said she was “saddened” by the decision. She pointed to a government offer of a 10 per cent increase in legal aid funding over three years, in addition to a 25 per cent rise since 2019.

However, Mr McIlravey, a partner at the Dundee firm Lawson, Coull & Duncan, dismissed that claim as a “huge misrepresentation”. He said the figures cited encompassed all forms of legal aid, including funding for civil cases and children’s hearings, rather than focusing on the criminal sector.

He told The Courier: “We are concerned with summary criminal legal aid. Teachers and nurses have had above 20 per cent in the last five years, doctors have had over 30 per cent and train drivers more.

“That’s what happens with wages and inflation. The big difference with us is even with that 25 per cent, we’re worse off than we were 30 years ago.

“The general public are never told that the legal aid budget is our ‘top line’, not wages going directly into our pockets. We pay tax and VAT on it, not to mention business-running costs, so more than half goes straight back into the government’s pocket.”

The DBA is now withdrawing from the summary case management hearings, which are intended to identify key issues before any plea is tendered in non-jury cases.

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