Committee
Equalities, Human Rights and Civil Justice Committee 24 February 2026 [Draft]
24 Feb 2026 · S6 · Equalities, Human Rights and Civil Justice Committee
Item of business
Subordinate Legislation
Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 [Draft]
Good morning, committee, and thank you, convener.I welcome the opportunity to speak to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026. This Scottish statutory instrument forms part of the Scottish Government’s programme of legal aid reform, which aims to strengthen access to justice and ensure that the system remains fair and sustainable for those who need it most.The instrument will increase solicitors’ fees and fixed payments for criminal, civil and children’s legal aid and advice and assistance by 13 per cent, commencing on 1 September 2026. Additionally, it makes further changes to legal aid, amending regulations laid last December, and meets a commitment given to the Delegated Powers and Law Reform Committee to make corrections and minor drafting and clarification changes to the Civil Legal Aid (Scotland) Regulations 2002 and the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.The SSI has been developed in close collaboration with the Law Society of Scotland and the Scottish Solicitors Bar Association, and I want to express my thanks for their valuable contributions to the negotiations. I would also like to extend my gratitude to the Scottish Legal Aid Board for its input on the technical and operational aspects of the fee increase.The SSI provides a significant increase to solicitors’ fees, ensuring that legal aid professionals are better remunerated and supported and allowing them to continue to make a real difference to people’s lives. The 13 per cent increase in fees addresses the profession’s concerns and contributes positively to the retention of legal aid solicitors as it decreases the potential risk of their stopping legal aid work. That would have a detrimental impact on access to justice and solicitor availability, as the committee heard in evidence to its recent inquiry on civil legal assistance. Indeed, the Law Society of Scotland has publicly welcomed the increase, calling it“a lifeline for access to justice”.The SSI forms part of a broader package of reform that includes the establishment of an independent fee review mechanism group, which will help shape the future of legal aid by creating a robust, evidence-based process for reviewing and agreeing legal aid fees. The package also includes further secondary legislation that will come into force on 1 April, 1 June and 14 December this year, as approved by the committee on 3 February.Additionally, funding for 40 traineeships with digital support for new trainees will be provided as part of the fee uplift package of reforms to further support access to justice. The package demonstrates the Scottish Government’s commitment to a long-term investment in the talent pipeline into the legal aid profession.In summary, convener, the fee uplift reaffirms our commitment to continuing to provide a robust legal aid system and supporting solicitors to provide crucial legal aid services, which, in turn, allow people access to justice whenever they might need it. We aim to ensure that people get the help that they need and that the solicitors are there to provide it.I am happy to take questions.
In the same item of business
09:30
The Convener
SNP
Our second agenda item is consideration of a draft affirmative instrument. I welcome to the meeting Siobhian Brown, Minister for Victims and Community Safety...
The Minister for Victims and Community Safety (Siobhian Brown)
SNP
Good morning, committee, and thank you, convener.I welcome the opportunity to speak to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Am...
The Convener
SNP
Thank you. We will move on to questions from Maggie Chapman.
Maggie Chapman (North East Scotland) (Green)
Green
Good morning, minister. I am sorry that I cannot join you in person, but I thank you for that update. The 13 per cent uplift is welcome news. I have a couple...
Siobhian Brown
SNP
:There has been a long period of negotiations with the Law Society and the Scottish Solicitors Bar Association about this uplift during the past 12 months, a...
Maggie Chapman
Green
:Thank you. That is helpful. Given the conversations that can happen and the annual reviews, I am curious about why the 13 per cent increase will apply from ...
Siobhian Brown
SNP
:Through some of the reform that we have been doing in secondary legislation, uplifts will be coming in on 1 April, 1 June and 14 December. The 1 September d...
Maggie Chapman
Green
:Last night, we received the updated timeline for the different activities in legal aid reform, and I put my thanks for that on the record. I know that a lot...
The Convener
SNP
We now have questions from Paul McLennan.
Paul McLennan (East Lothian) (SNP)
SNP
It is great to hear about the progress of the discussions as we look towards the next parliamentary session. The committee made some recommendations on civil...
Siobhian Brown
SNP
:I apologise for my letter coming late last night. It has a lot of detail in it and I am not aware of whether all the committee members have been able to go ...
Paul McLennan
SNP
:I have a supplementary question. The minister will remember that I have asked this in the chamber as well. It is about accessibility in more remote areas. W...
Siobhian Brown
SNP
:Absolutely. As we move into the next parliamentary session and consider primary legislation for legal aid reform, it is really important that all the recomm...
Paul McLennan
SNP
:Thank you.
Tess White (North East Scotland) (Con)
Con
Before I ask my main question, I want to ask the minister about the 40 traineeships that she mentioned. Those are definitely to be welcomed, so thank you for...
Siobhian Brown
SNP
:Originally, it was to be 20 traineeships, which as a result of the negotiations has now gone up to 40 traineeships along with the digital support package. W...
Ciaran McDonald (Scottish Government)
We are still negotiating and talking about it, so we will be looking into the detail of that, and we will be able to share that with you in due course.
Tess White
Con
:So, that is Government funded, and there might be some requirement that those people spend time on legal aid cases.
Siobhian Brown
SNP
:Yes.
Tess White
Con
:My next question is on something that my colleague Paul McLennan touched on, which is longer-term legal aid reform. It is difficult to say, because this is ...
Siobhian Brown
SNP
:Yes. We went through that when we discussed the issue in a previous meeting. The work that I have been doing in the past 18 months is outlined in the letter...
Tess White
Con
:When we had the debate on legal aid in the chamber, we discussed the issue of women fleeing domestic abuse and the recommendation that the financial thresho...
Siobhian Brown
SNP
:Yes. I have on-going conversations with SLAB—I met with it last week. We must be clear that the work that SLAB does is vital. We have a legal aid budget of ...
Tess White
Con
:Perfect—thank you.
Rhoda Grant (Highlands and Islands) (Lab)
Lab
What other things are happening to help to provide legal advice in rural areas? Obviously, increases in fees help, but there are many other issues, such as t...
Siobhian Brown
SNP
:The negotiations that we have been having for the past couple of months have primarily been on fee uplifts, to ensure that solicitors get the fees that come...
Rhoda Grant
Lab
:Thank you.09:45
The Convener
SNP
We move to agenda item 3, which is the formal consideration of motion S6M-20605. I invite the minister to move the motion.Motion moved,That the Equalities, H...
The Convener
SNP
Do members agree to delegate to me approval of the publication of a short factual report on our deliberations on the affirmative instrument that we have cons...