Meeting of the Parliament 06 January 2026
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 contributed to the committee’s important report. We believe that the issues that are highlighted in the report go back over many decades. It is vital that we have a properly funded and accessible legal aid system.
As we have heard, cuts to legal aid rates over a number of years have led to what are called legal aid deserts, where it is impossible to find a lawyer to take on a civil legal aid case. Insufficient fees for civil legal aid have led to lawyers being unwilling to carry out such work, and low eligibility thresholds mean that fewer and fewer people qualify. There have also been cuts—again, over many years—to the types of cases in which it is possible to get legal aid.
We are all aware of many constituents who have been unable to get legal representation when they need it, and we agree with the committee convener that it is very disappointing that there will be no primary legislation on the issue in this parliamentary session. It is also very disappointing that there has been no other significant action, with the situation only getting worse—in that respect, I listened very carefully to what the minister said.
Scottish Labour has repeatedly warned about the deep and damaging cuts that the Scottish Government has made to the legal aid system. Scottish Government spending on legal aid has declined by 45 per cent over the past decade. We are clear that there must be an end to the cuts to legal aid and that the system must receive sustainable funding. The cuts that there have been have also clearly contributed to the growing issues with legal aid provision that we are seeing across Scotland.