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Chamber

Meeting of the Parliament 06 January 2026

06 Jan 2026 · S6 · Meeting of the Parliament
Item of business
Civil Legal Assistance
White, Tess Con North East Scotland Watch on SPTV

Throughout the committee’s inquiry, we heard consistent and deeply concerning evidence about the growing difficulty that individuals face in finding a solicitor who is willing or able to take on legal aid cases. Solicitors are leaving legal aid work, and those who remain face rising case loads, financial insecurity, stress and burnout. The pressure on those professionals is intense, and the consequences are borne by the most vulnerable in our society.

What was striking to me and the committee was not only the strength of feeling in the evidence, but the fact that many of the concerns have been raised for years—in some cases, since at least 2017. What is required is structural reform of a system that is no longer fit for purpose. There is a lack of any change leadership, and there are serious issues with the system that is managed by SLAB.

Regarding SLAB, the committee had intended to publish this report before the summer recess, but just as we were due to consider a first draft, we received late correspondence from SLAB suggesting that some of the evidence that we had taken was based on what it described as “demonstrable misunderstandings”. The letter was described by the committee as “disappointing”. That is an understatement, not because it delayed our work, but because SLAB had ample opportunity to respond to evidence during oral evidence sessions or through timely follow-up submissions. In my view, submitting that correspondence at a late stage was disrespectful to the committee and only served to reinforce the concerns that we heard about SLAB’s poor stakeholder engagement and its methods.

Legal aid policy is set by the Scottish Government, which oversees SLAB, yet, time and time again, we heard that SLAB’s bureaucratic processes and poor engagement are a major barrier to offering and accessing civil legal assistance.

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-20208, in the name of Karen Adam, on behalf of the Equalities, Human Rights and Civil Justice Committee, ...
Karen Adam (Banffshire and Buchan Coast) (SNP) SNP
I am pleased that we have the opportunity today to debate the provision of civil legal assistance in Scotland. In the course of our inquiry, the committee wa...
The Minister for Victims and Community Safety (Siobhian Brown) SNP
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 an...
Martin Whitfield (South Scotland) (Lab) Lab
I welcome the draft Scottish statutory instrument that was laid towards the end of December. Does the minister feel that that goes as far as is recommended i...
Siobhian Brown SNP
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 Scottis...
Tess White (North East Scotland) (Con) Con
Throughout the committee’s inquiry, we heard consistent and deeply concerning evidence about the growing difficulty that individuals face in finding a solici...
Siobhian Brown SNP
Made a request to intervene.
Tess White Con
I say sorry to the minister, but I will make progress. Administrative requirements were described as “burdensome”, “disproportionate” and “damaging” to SLAB...
The Presiding Officer NPA
I call Ariane Burgess.
Ariane Burgess (Highlands and Islands) (Green) Green
Inaudible.—broader eligibility, reduced bureaucracy and targeted action to retain and attract legal aid solicitors in remote areas. Will they ensure that—
The Presiding Officer NPA
Ms Burgess, my apologies, I called you a little early. That will give us time to address the audiovisual issues. I should of course have called Katy Clark. ...
Katy Clark (West Scotland) (Lab) Lab
Thank you very much, Presiding Officer. I am pleased to open the debate on behalf of Scottish Labour. We thank committee members, clerks and all others who c...
Siobhian Brown SNP
Made a request to intervene.
Katy Clark Lab
The number of solicitors who are registered to provide legal aid in Scotland has fallen by 12 per cent in just three years. Does the minister still want to ...
Siobhian Brown SNP
Yes—a brief one. I appreciate that there are concerns about eligibility, fees and so on, and negotiations are on-going on those issues, but would you acknowl...
The Presiding Officer NPA
Always speak through the chair.
Katy Clark Lab
I am aware of the very recent increases, but, as the minister is aware, the problem is the significant cuts that have been made over many, many years. The 10...
Siobhian Brown SNP
I thank the member for giving way, because this is a really important debate. One of the big issues that I have seen as a stumbling block to primary legisla...
Katy Clark Lab
I understand that some key stakeholders are not willing to take part in that group. At this point in my speech, I am focused on legal aid rates and the reaso...
The Presiding Officer NPA
You do.
Katy Clark Lab
There is also concern about the fact that few younger solicitors are doing legal aid work. Currently, twice the number of solicitors registered for legal aid...
Ariane Burgess (Highlands and Islands) (Green) Green
Access to justice is a fundamental human right. It is not a luxury, and it must never be a privilege that is reserved for those with money, confidence or pro...
Liam McArthur (Orkney Islands) (LD) LD
Presiding Officer, I apologise to you and to other members for my late arrival in the chamber this afternoon. Suffice it to say that travelling down from Ork...
Marie McNair (Clydebank and Milngavie) (SNP) SNP
Presiding Officer, I take this opportunity to wish you and everyone in the Parliament a happy and healthy new year. As we know, it will be a busy one for eve...
Pam Duncan-Glancy (Glasgow) (Lab) Lab
A happy new year to you, Presiding Officer, and to colleagues across the chamber. I am pleased to speak in this debate on the findings and recommendations o...
The Presiding Officer NPA
The final speaker in the open debate is Paul McLennan. 15:15
Paul McLennan (East Lothian) (SNP) SNP
I am speaking in this debate as a member of the Equalities, Human Rights and Civil Justice Committee, and I thank everyone who contributed to the inquiry, in...
The Presiding Officer NPA
We move to the winding-up speeches. 15:20
Martin Whitfield (South Scotland) (Lab) Lab
Presiding Officer, I extend, as others have, the wishes of the new year to you and to other members in the chamber. This has been a fascinating debate, and ...
Liam McArthur LD
I thank Martin Whitfield for taking an intervention, and I agree whole-heartedly with the points that he is making. Does he accept that the longer that the p...