Law Society welcomes MSPs’ support for legal aid
The Law Society of Scotland said it is encouraged by the strong multi-party support for legal aid voiced by MSPs during a debate in Holyrood.
The need for urgent action was repeatedly stressed on Tuesday as MSPs debated a recent report on civil legal aid by the Equalities, Human Rights and Civil Justice Committee.
Law Society of Scotland president Patricia Thom said after the debate: “We are reassured to see such strong support for the legal aid system across the political spectrum. While the focus of this report is civil legal aid, urgent action is needed to restore both civil and criminal legal aid provision in Scotland.”
As the debate began, the committee’s convener, SNP MSP Karen Adam, told the Parliament that measures announced by the Scottish government to date are welcome but do not address the main problem.
Ms Adam said: “We were told that shortages in legal practitioners were primarily attributable to the low rates of fees for solicitors for legal aid work and that increasing those rates would have a significant impact on the availability of legal practitioners. There appeared to the committee to be a clear link between low fee rates and the lack of availability of lawyers willing to undertake legal aid work.”
Victims minister Siobhian Brown outlined the Scottish government’s actions to date and said they are committed to reform to ensure a fair and sustainable legal aid system.
Ms Brown said: “We have established the Independent Fee Review Mechanism Group to examine what changes are needed to create a legal assistance system for the 21st century. This group will play a crucial role in shaping a fair and sustainable fee structure that supports both access to justice and the viability of legal aid work.”
Scottish Conservatives MSP Tess White said the system is no longer fit for purpose: “Solicitors are leaving legal aid work and those who remain face rising case loads, financial insecurity, stress and burnout. The pressure on these professionals is intense, and the consequences are borne by the most vulnerable in our society.
“Time and time again we heard that SLAB’s bureaucratic processes and poor engagement are a major barrier to both offering and accessing civil legal assistance. Administrative requirements were described as burdensome, disproportionate and damaging to the relationships with the legal profession.”
Scottish Labour MSP Katy Clark said: “We’re all aware of many constituents who have been unable to get legal representation when they need it and we agree with the convener that it’s very disappointing that there will be no primary legislation this parliamentary session.
“Scottish government spending on legal aid has declined by 45 per cent over the past decade. We’re clear that there must be an end to the cuts to legal aid and the system must receive sustainable funding.”



