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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

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 are aged 40 and over, compared with those who are 40 and under. Historically, it was disproportionately the case that younger solicitors carried out legal aid work. Many of the solicitors who undertake legal aid work are likely to retire in the next few years.

In its report, the committee has highlighted that many stakeholders believe that it is the low rates of fees for legal aid work that have contributed to the growing shortage of solicitors. There is no sign that that trend is changing, despite the minister pointing out that there has been at least some increase in rates in recent years, as opposed to the previous freezing of rates. That is why Scottish Labour welcomes the review that the Scottish Government has undertaken. However, it believes that it is too little, too late, and that we could have avoided the recruitment and retention challenges that we currently face.

I welcome the fact that we are having this debate today. We are very disappointed that more action has not been taken in this parliamentary session. We believe that the situation is getting worse and that action is now needed urgently.

14:57  

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...