Committee
Justice Committee 15 March 2011
15 Mar 2011 · S3 · Justice Committee
Item of business
Subordinate Legislation
Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 (SSI 2011/163)
I appreciate that the matter is on the agenda. The regulations put the duty to make solicitors available in Cadder cases on to the Scottish Legal Aid board. The Law Society of Scotland has been fully consulted on the regulations, as have ACPOS and the Crown through the Cadder senior working group.Negotiations are on-going between the Law Society and the Scottish Legal Aid Board as to how any police station duty schemes will operate. Such schemes will need to be cost effective and ensure access to advice in those situations, but it is hoped that the fundamental right of the individual to use a solicitor of their choice—which has been raised by the Glasgow Bar Association—can be a full part of any such scheme. That is something that the Scottish Legal Aid Board and the Law Society are working towards. I know, from matters that have been raised with me by the criminal legal aid committee of the Law Society, that they are looking for some flexibility in the solicitor of choice to avoid causing inconvenience in the early hours of the morning or whatever else while, equally, preserving the right of an individual to contact the solicitor whom he or she wishes to use.
In the same item of business
The Convener
Con
We have a bit of time left with the cabinet secretary so, if he does not mind, we will move on to the Criminal Legal Assistance (Duty Solicitors) (Scotland) ...
James Kelly
Lab
I want to allow the cabinet secretary to get his responses on the record. The regulations appear to move us away from appointed solicitors and towards appoin...
Kenny MacAskill
SNP
I appreciate that the matter is on the agenda. The regulations put the duty to make solicitors available in Cadder cases on to the Scottish Legal Aid board. ...
Robert Brown
LD
My question is not so much on the regulations per se as on the operation of the system. Cabinet secretary, you are probably aware that one of the Glasgow Bar...
Kenny MacAskill
SNP
The PDSO was established prior to the current Administration coming into office. Since then, I have said that I will expand the PDSO only where there are cle...
Robert Brown
LD
I am grateful, cabinet secretary, for your emphasis on flexibility, which is important, but I am trying to get to the principle that underlies the changes. C...
Kenny MacAskill
SNP
That is fundamentally a matter for the Scottish Legal Aid Board. There may be consequent increases in costs, but, if you are asking whether there is a grand ...
The Convener
Con
As there are no other questions for the cabinet secretary, I thank him and his colleagues for their time this morning. It has been very helpful.I suspend the...