Meeting of the Parliament 01 February 2017
I thank the minister for advance sight of her statement.
Access to justice is one of the most important tenets of a civilised society, with the legal aid system fulfilling a crucial duty in that regard. However, it is a complex, outdated and, at times, inefficient system that would benefit from simplification and wider reform. In light of that, and to ensure that the most vulnerable in our society receive the legal assistance that they require, Scottish Conservatives called for a review of the legal aid system in our 2016 manifesto, so today’s announcement is certainly welcomed by members on the Conservative benches.
The minister mentioned the Law Society’s paper “Legal Assistance in Scotland: fit for the 21st century”. The document argues that the justice sector overall has kept track of inflation and other cost drivers, but that that has not been the case for legal assistance, meaning that law centres, the advice sector and other front-line services have funding challenges. In light of that, will the minister expand on the proposals for the fee reforms to which her statement briefly referred?
Further, I understand from the minister’s statement that the Scottish Government is finalising the review group’s panel members. We wish those appointed every success in their task. I am particularly pleased to welcome the involvement of Alison McInnes, who did great work in this chamber and has a wealth of knowledge and experience that will no doubt be beneficial to the group. Will any further additions to the panel be made? If so, what sectors will those extra members come from?
Finally, the minister mentioned a demand-led system in which everyone who is eligible for legal aid receives it. I have a constituent in Fochabers who is out of work and severely ill in hospital, and whose only income is through benefits. Will she explain why, despite that, his legal aid application for divorce proceedings has been denied, whereas the other party, who is in work, has been given legal aid? Such ambiguity and inconsistency in the current system cause concern. I would appreciate her response.