Hansard

The Convener Con

Item 3 on the agenda is evidence on the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2011, which is a negative instrument and is ther...

James Kelly Lab

I will start with a couple of questions for the representatives of the Glasgow Bar Association. On stipendiary fees, it has been put to the committee in subm...

David O’Hagan (Glasgow Bar Association)

First, on behalf of the GBA I thank the committee for the opportunity for me and Mr Sweeney to speak to you this morning, and I extend my thanks to Mr Kelly ...

The Convener Con

Yes. Members should have received that, as paper 30. It was handed round a short time ago.

Nigel Don SNP

Forgive me, convener, but I wish to record—so that we have some sense of the discussion—that I have taken possession of the document quite literally two or t...

The Convener Con

We all have.

Nigel Don SNP

I am struggling to find time to read it while we are asking questions. It is fair to say that we will not be proceeding on the basis that we have understood ...

David O’Hagan

That highlights my point. The GBA takes the view that there has been a real lack of consultation, particularly of the procurator fiscal, who is perhaps the m...

The Convener Con

Before I invite members to ask other questions, I wonder whether the Law Society would like to respond to the points that have been made about its submission.

Andrew Alexander (Law Society of Scotland)

I thank members for the invitation to address the committee on this topic. It is clear from our submission and from the letter from Lesley Thomson at the Cro...

James Kelly Lab

I have a couple of questions about the proposed reduction in the fee for stipendiary magistrate court cases from £515 to £390. I ask the Glasgow Bar Associat...

Gerry Sweeney (Glasgow Bar Association)

It is a well-established principle of law that similar cases should be treated alike, whether they are within the Glasgow jurisdiction or in the Glasgow juri...

James Kelly Lab

Of course, the issue has arisen from the need to make savings in the budget, with which no one will disagree, so the instrument seeks to set out a way of ach...

Gerry Sweeney

What we are dealing with are the principles of proportionality and equity. Like others, the GBA accepts that in these straitened times funding has to be read...

James Kelly Lab

Does the Law Society wish to comment not on whether it agrees with that approach but on whether a £5 cut to the core fee would achieve the same savings as th...

Andrew Alexander

If we take the 2009-10 figures, a £398,000 saving in 2011-12 equates to a 2.1 per cent cut in the fees paid to Glasgow solicitors. The Government and the Sco...

Michael Clancy (Law Society of Scotland)

It is also important to acknowledge Mr Sweeney’s comment about swings and roundabouts. The case law quite clearly shows that that was the anticipation in 199...

The Convener Con

Members, we are very tight for time so it would be helpful if you could keep your questions as brief as possible.

Robert Brown LD

I want to be clear about the position here, and I have two issues to bring up. The first relates to the change from the current position. I want to ask the L...

Michael Clancy

That is correct, except that it would have gone down to £350 under the original proposals and it was in discussions between the cabinet secretary and the Law...

Robert Brown LD

Regardless of anything else, stip court and sheriff court appearances are dealt with on the same basis, so that for those who appear in the stip court there ...

Andrew Alexander

It is a substantial cut to the current position in which there is equity between the sheriff court and the stipendiary magistrate court. However, on the evid...

Robert Brown LD

I want to examine that a bit further. The key issue is the clarity of what the courts actually do. As I understand it, cases are brought as either custody ca...

Michael Clancy

That is our understanding of the situation.

David O’Hagan

Yes.

Gerry Sweeney

Yes.

Robert Brown LD

Everyone is agreed on that. Thereafter, we would go higher up the scale. If Glasgow’s procurator fiscal’s statement is correct, those cases that are marked f...

Gerry Sweeney

Absolutely.

David O’Hagan

Yes.

Andrew Alexander

On the distinctions between JP, stip and sheriff courts, although there is no precise science for the marking of such cases, what you have said is correct.