Meeting of the Parliament 06 January 2026
I welcome the Equalities, Human Rights and Civil Justice Committee’s report on civil legal aid. It is a report that highlights the strengths of our system and also the need for change. I also thank all the organisations and individuals who contributed to the report. Those insights have been invaluable in shaping the report and they will also inform the Scottish Government’s response and work as we progress legal aid reform.
The legal aid system in Scotland remains among the most comprehensive in Europe. It is demand led, and all who are eligible receive support. In the previous financial year, expenditure reached £169 million, which is the highest figure in cash terms since 2016-17.
The committee’s report is clear: the system must evolve to meet the needs of a modern justice system. I agree—reform is essential to maintain and strengthen access to justice. We must ensure that legal aid is affordable and ensures value for taxpayers’ money.
The committee’s recommendations align closely with our programme of reform, which was set out in the “Legal Aid Reform Discussion Paper” that was published in February. That paper set out proposals for a modernised legal aid framework that is simpler, more flexible and better able to respond to changing needs. That includes exploring a single, streamlined application process and a more sustainable funding model that balances fair remuneration with value for taxpayers. Those reforms will ensure that legal aid remains accessible, efficient and resilient in the decades to come.
The discussion paper, our programme of work to prepare for future legislation and the action that we are taking now to improve the system is guided by four principles: equality and human rights; people-centred service design; evidence-based policy; and collaboration and partnership.
I will outline some of that current work. In December, we laid draft regulations to strengthen support in the children’s hearings system. Children will no longer need to pass income or merit tests to prove that their case deserves support. The initial authorised expenditure limit for solicitors will rise substantially from £135 to £550, reducing administrative burdens. Importantly, care leavers who are in receipt of our care leavers payment will not have that counted against them when their eligibility for legal aid is assessed. Those changes will ensure that financial support that is intended to help care-experienced young people does not create unintended barriers to accessing justice.