Meeting of the Parliament 06 January 2026
More than 18 months ago, I committed to considering what non-primary legislation we could introduce. That work is being done in consultation with the Scottish Legal Aid Board and the Law Society of Scotland. In the meantime, we have taken forward what we can. However, I take the member’s point, and I will be referring to the issue later in my speech.
The changes will reduce complexity, support early resolution and guarantee timely representation for those who are most in need. In addition, and importantly, we committed to and have established the independent fee review mechanism group to examine what changes are needed to create a legal assistance system for the 21st century. The group will play a crucial role in shaping a fair and sustainable fee structure that supports access to justice and the viability of legal aid work.
The committee’s report highlighted concerns about geographic and subject matter gaps. Although the number of civil legal aid solicitors has declined over the past decade, the average number of grants per solicitor has increased, showing a concentrated and more active cohort. However, I recognise that challenges remain, so we are considering actions to address those specifically.
We are developing a new legal aid traineeship fund to attract new entrants and to increase capacity. The fund will run for another two years from 2026, and I have committed to fund up to 20 traineeships initially. We are taking on board the lessons learned from the first fund to develop the new scheme, including potential targeting of specific geographic areas and legal aid types.
We are also supporting initiatives under the Regulation of Legal Services (Scotland) Act 2025, which will allow charities and law centres to directly employ solicitors, expanding access to justice for vulnerable people and communities. That reform will enable third sector organisations to deliver reserved legal services, such as court representation, without needing to rely on external legal firms. That provision is anticipated to be included in the commencement order that is to be laid before the Scottish Parliament next month.
In addition, we have introduced non-means-tested legal aid for families who are involved in fatal accident inquiries following deaths in custody. Legal aid must be accessible to those who need it most, and I am pleased to inform the chamber that, between April and December last year, 22 families have received civil legal aid due to that new measure.
We continue to support survivors of domestic abuse through targeted funding and pilot projects. Those measures reflect our commitment to trauma-informed service delivery and inclusive access.
The Scottish Legal Aid Board is a key partner in legal aid reform, and it has provided a response to the committee’s report that outlines some of the work that it is taking forward, independently of the Scottish Government and in collaboration with the Law Society of Scotland, to make improvements.
In the longer term, we want SLAB’s grant funding powers to be used to support more developmental areas of work. That includes new ways of managing demand for assistance; better connecting people from marginalised communities to legal aid support; embedding digital approaches in advice delivery and support for advisers; and using grants to build capacity.
Reform is not a single act but an on-going process. We will continue to work with the committee, SLAB and stakeholders to deliver a system that is fair, sustainable and fit for the future, upholds equality, protects human rights and ensures access to justice.
14:44