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S6W-04917 · Written Question · lodged by Lennon, Monica

Lodged on
05 Dec 2021
Heard / answered on
23 Dec 2021
To ask the Scottish Government what its response is to (a) calls for a significant and meaningful increase in legal aid funding and (b) the reported comments of the Scottish Solicitors Bar Association that the criminal defence bar is unable to compete with the salaries offered by public bodies, in particular the Crown Office and Procurator Fiscal Service, which is leading to younger members continuing to leave criminal defence work in significant numbers.

The answer

a) Since 2019 the Scottish Government has increased legal aid fees by 8% with a further 5% committed to in early 2022. This is a total rise of 13% set against a backdrop of difficult public finances and compares well to public sector pay increases. The 5% plus 5% increases are part of an over £20m package of support for legal aid providers, in the context of the COVID pandemic. This included a £9m grant fund, payments for which were completed in September 2021 and £1m for legal aid trainees over this and next year.
The legal aid Fund is demand-led and is not cash limited. The report of the Independent Review of Legal Aid, published in 2018, found that Scotland’s legal aid system benchmarked well against other countries. The report set a long-term vision for reform. The Scottish Government has committed to bring forward reforms, including a Legal Aid Reform Bill, during this parliament.
b) With reference to pay comparisons, legal aid providers are private firms. Salaries and terms and conditions are a matter for each business. However, we are committed to the future sustainability of the legal aid system. We continue to be open to discussion and to consider evidence of gaps in the workforce and supporting diversity in the profession. The levers to assist with recruitment which the Scottish Government has undertaken includes £1m of funding over this year and next to support the costs of employing trainee solicitors.

Answered by Ash Regan on 23 Dec 2021.