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. Thanks for joining us this morning. My question is not on the detail of the instruments before us but on the consequences. Given what you said in response to Tess White and Rhoda Grant, and given that everyone would have liked us to have made more comprehensive progress on legal aid reform during this parliamentary term, it would be useful if, before the end of this session, the Government could set out what is happening and what remains to be done. We know that we will need legislation, but there are other things that will not require legislation that we perhaps could be getting on with, some of which we are getting on with already. It would be valuable to have all of that brought together.What you have just said about the fee review group and the trainee places is positive news, but I am concerned about the possibility that, because we do not have a chunk of time to spend on this as we would in a bill process, the piecemeal bits might not all end up fitting together effectively.I would like an initial response from you on that, but I am really just making a request for the Government to set out what is happening, what remains to be done and how everything will pull together.
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—