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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

I say sorry to the minister, but I will make progress.

Administrative requirements were described as “burdensome”, “disproportionate” and “damaging” to SLAB’s relationships with the legal profession. Individuals cannot access legal aid unless they go through a solicitor, and legal aid is not available to groups.

JustRight Scotland gave the committee an illustration of the kind of administrative processes that solicitors are required to engage in with SLAB. Andy Sirel told the committee:

“This afternoon, I will probably go back to my office to negotiate with SLAB over sums of money as small as £7.50”,

or that SLAB might say:

“‘You had a meeting that lasted one hour. We think it should only have lasted 45 minutes.’”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 13 May 2025; c 35.]

Witnesses told the committee that such processes are having a negative impact on the relationship between lawyers working in legal aid and the Scottish Legal Aid Board.

The Scottish Government has repeatedly promised reform. The programme for government 2021-22 pledged that legislation on legal aid would happen during this parliamentary session, but progress has stalled, key stakeholders withdrew from engagement and, once again, reform has been kicked into the long grass.

The Human Rights Consortium Scotland highlighted the existence of “advice deserts” in

“areas of the law such as domestic abuse, discrimination and human rights.”

As we heard from the convener, Grampian Women’s Aid told us that it is making between 50 and 60 calls just to find one legal aid solicitor. We had evidence that it had taken 117 calls for one domestic abuse survivor to find a legal aid solicitor. Women who are fleeing domestic abuse face additional barriers, particularly around financial eligibility and paperwork. Many have experienced financial abuse or fled without documentation.

SLAB told us that there were flexibilities in the system, but awareness of that is low, and reliance on that so-called flexibility has not been sufficient to help the most needy. How can it be that the former chief executive of the Scottish National Party and husband of the former First Minister can receive legal aid when the most vulnerable in our society are denied it?

Our committee was told about a survivor of domestic abuse who had to flee for her own safety and that of her 12-year-old son. Sara is legally married. Her husband has the financial means and resources to employ solicitors, who have been advising him. There are two properties from the marriage, but Sara has no access to those without legal assistance, and no solicitor will take on her case without payment. Her husband—the abuser—has recourse to the law, which has enabled him to retain all the assets from the marriage while Sara is left with no assistance whatsoever to help her in her situation, thereby enabling coercive control to continue.

I have constituents who face similar situations. One has had to leave her children behind and has no access to them. However, even though she is on the minimum wage, she earns too much to access legal aid, so again he has coercive control and control of the children. That is why the committee strongly recommended removing means testing for civil protection order and homelessness cases and exploring wider access to non-means-tested legal aid for domestic abuse cases.

The legal aid system is broken. Our committee report involved such a lot of work and effort by so many people, but it will now go on the shelf, as we are only a few months from the end of the session. That is wrong and disrespectful to the Scottish people.

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...