Committee
Equalities, Human Rights and Civil Justice Committee 03 February 2026 [Draft]
03 Feb 2026 · S6 · Equalities, Human Rights and Civil Justice Committee
Item of business
Subordinate Legislation
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 [Draft]
Good morning, minister. Thank you for acknowledging that the committee’s recommendations have not been included, as that was what my first question was going to be about. The committee notes that the changes to civil legal aid that we proposed have not been taken forward. You have given a short explanation as to why our recommendations were not progressed, by saying that you need to do more work. Do you acknowledge the significant and serious concerns that exist, notably from Govan Law Centre and from one of the leading law firms in my area the bulk of whose work relates to adults with incapacity? Those concerns were about the rates being too low and about the very poor consultation from the Scottish Legal Aid Board.Admittedly, we have less than two months to go in this session of Parliament, but will you look at the issue before the end of the session, or are you going to kick the can down the road into the next parliamentary session? Do you accept the points that we made about the rates being too low and the levels of bureaucracy being too high, and about the Scottish Legal Aid Board’s poor consultation with key stakeholders?
In the same item of business
The Convener
SNP
Welcome back. Our next item of business is consideration of two draft affirmative instruments.I welcome to the meeting Siobhian Brown, Minister for Victims a...
The Minister for Victims and Community Safety (Siobhian Brown)
SNP
Good morning, members, and thank you, convener.These Scottish statutory instruments form part of the Scottish Government’s programme of legal aid reform, whi...
The Convener
SNP
Thank you, minister. We have some questions from members.
Tess White
Con
Good morning, minister. Thank you for acknowledging that the committee’s recommendations have not been included, as that was what my first question was going...
Siobhian Brown
SNP
Members will be aware that it was not possible to progress the legal aid reform legislation in this parliamentary session. Just over a year ago, I made a com...
Tess White
Con
Did you hear the feedback that the rates are too low and that the work is becoming a loss leader for law firms? Those firms are in crisis mode, and the most ...
Siobhian Brown
SNP
Yes, I heard that. I might bring in my officials on this but, in the responses to the consultation, opinion was divided 50:50. Half of the respondents though...
Tess White
Con
During the debate on the issue in the chamber, there was huge criticism of the way in which the Scottish Legal Aid Board operates and its poor consultation. ...
Siobhian Brown
SNP
That has been heard. I regularly meet representatives of the board, and I see work on that happening in the next parliamentary session, when we will explore ...
Tess White
Con
Thank you.11:45
Rhoda Grant
Lab
I have an overarching question on all the instruments. In rural areas, including the Highlands and Islands, which I represent, there are legal aid deserts, a...
Siobhian Brown
SNP
Ms Grant has raised the availability of solicitors with me several times, and it is an issue that concerns me. That is why the work that we are discussing is...
Rhoda Grant
Lab
Would you consider rural proofing future policy in this area, which would involve looking through a rural lens at areas where it is really difficult to get a...
Siobhian Brown
SNP
I am sorry—I did not pick up the first thing that you said. What did you say about looking at things?
Rhoda Grant
Lab
I asked about rural proofing policy.
Siobhian Brown
SNP
I think that that could be taken on board, but that would have to be done at the same time as moving forward with legal aid reform.
Maggie Chapman
Green
Good morning, minister. Thanks for joining us this morning. My question is not on the detail of the instruments before us but on the consequences. Given what...
Siobhian Brown
SNP
That makes sense. A lot of work has been done in the past 12 months and we are now moving into the last six weeks of this session of Parliament. We know that...
Maggie Chapman
Green
Thank you; I appreciate that.
The Convener
SNP
Our next agenda item is consideration of the motions for approval of the affirmative instruments. I invite the minister to move the motions.Motions moved,Tha...
The Convener
SNP
We will now suspend briefly for a change of officials before we consider a third draft affirmative instrument.11:50Meeting suspended.11:51On resuming—