Review sets out ‘vision’ for legal aid but makes no call for increased budget

The review, chaired by Carnegie UK Trust Chief Executive Martyn Evans, argues that Scotland’s legal aid spend per head is among the highest in the European Union and has both the widest scope and eligibility.

Mr Evans said: “Our aim is to put users and the public interest at the heart of Scotland’s legal aid system. Legal assistance is a vital public service for many vulnerable people in our society and is often used at difficult and distressing times. Putting people first is vital.

“The current legal aid system in Scotland benchmarks very well against other countries. However, we need to make the system simpler, more flexible and fairer for those who use it and those hard-working lawyers and advice workers who deliver it.

“This report sets out a ten-year timeframe to allow for short term impact as well as more ambitious, strategic improvements that will deliver a better public service for the people of Scotland.”

Recommendations include:

Legal affairs minister Annabelle Ewing said: “I am grateful to Martyn Evans and members of the independent review group for their work over the last year. This report provides a platform for further reforms of the legal aid system in Scotland and we will consider its recommendations in consultation with justice organisations, the legal profession and partners who have been tasked with change.

“Scotland’s legal aid system is world-leading but improvements are needed to ensure its sustainability and I will meet with the Scottish Legal Aid Board, Law Society of Scotland and Faculty of Advocates as a priority to discuss next steps.”

Angela Grahame, QC, Vice-Dean of the Faculty of Advocates (pictured), said: “All in our society benefit from living under the rule of law. Where legal aid allows thousands of people to have proper and fair access to justice, it is an essential element of the rule of law. Sight must never be lost of the fundamental importance of legal aid, and it is welcome that this review reinforces the scope and the merits of Scotland’s legal aid system.

“The review makes recommendations aimed at driving legal aid towards greater flexibility, but at the same time acknowledges the concerns of those who work hard at providing a service on a daily basis.

“There are opportunities here to be seized by all those engaged in making rights effective in a modern Scotland. The Faculty is keen to play its part in providing legal services of the future, and to work with the Scottish government, the Law Society of Scotland and the proposed new Scottish Legal Assistance Authority to safeguard the place of legal aid in our country.”

Graham Matthews, president of the Law Society of Scotland said: “While today’s report has not called for any increase to the overall budget for legal aid, it clearly recognises that there is an urgent need to conduct regular, independent fee reviews, and a priority for criminal legal aid. We would very much welcome an evidence-based approach to setting fee levels and putting in place regular reviews to replace the current piecemeal approach.

“We also recognise the need, as highlighted in the report, for better planning across the courts system and increased involvement from all the parties involved.

“Mr Evans has also mooted replacing the Scottish Legal Aid Board with an alternative organisation which is responsible for legal aid policy as well as administering the legal aid system. We can see the appeal of introducing more of an arm’s length approach to legal aid provision and introducing an organisation with increased responsibility for making policy decisions. However we would have to be sure that this would bring tangible benefits.”