This item was published during the term of a previous administration that ended in April 2007
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Reform of civil legal aid system
18/02/2003
A wide-ranging package of reform and modernisation of the civil legal aid system in Scotland was announced today.
The reforms, which follow the recommendations of the Parliament's Justice 1 Committee, are the first significant changes since 1949, and will produce 'a civil legal aid system fit for the 21 st century'.
The reforms are intended to streamline the legal aid system, improve access to justice, ensure quality service for the client, increase the fees paid for legal aid work, and deliver more efficient administration.
It is estimated the package will cost about £2.7 million a year by 2005-06, against an overall civil legal aid spend of around £30 million a year. It will be financed by the Executive from within the existing overall justice budget.
The main points include:
- The introduction of a new client-centred, cost effective civil legal aid system, with a binding and robust quality assurance system based on registration and external inspection to agreed quality standards which will deliver professional legal advice to those who need it
- A new block fee structure for work in the Sheriff Court that will reward efficient conduct of cases and deliver better remuneration for solicitors. Under the new approach solicitors will receive payment as cases reach key stages
- A new application and reporting system that will allow closer monitoring and control of cases as they proceed
- A periodic review mechanism to ensure that the new arrangements deliver a cost-effective, efficient system; a healthy and competitive legal aid sector; and good value for money for the taxpayer
Justice Minister Jim Wallace said:
"These reforms, the first modernisation of civil legal aid for a very long time, provide a balanced and progressive package. They should deliver real benefits for everyone.
"For the client, they will ensure a service that is quality assured, and a structure designed to promote efficient conduct of cases. For the solicitor, they will deliver a real improvement in pay - the first real change since 1995 - and improved cashflow, together with reduced administrative overheads.
"For the Executive and the Legal Aid Board, the new application, reporting and account mechanisms will deliver a simpler and more streamlined system, and better control over cases.
"For the people of Scotland the package is a major step towards a civil legal aid system that is fit for the 21 st century; a system that will guarantee effective and efficient access to justice for those who need it."
Law Society of Scotland Vice-President Joe Platt said:
"Everyone in Scotland has a right to equal access to justice and the expert services of a solicitor. It has been recognised for some time that the civil legal aid system needed substantial reform and a sufficient number of firms in the legal aid sector to make the system work.
"The proposals aim to provide a modern, cost-effective system which will focus on achieving the best for clients. The new system will include quality assurance, regular reporting and system reviews, and will introduce the radical changes needed for the Scottish civil legal aid system to meet the needs of Scotland's people.
"Today's announcement is the result of two years' hard work and negotiation to produce the best solutions to some challenging issues. A modern system giving good value for money and remuneration reflecting the value of the legal advice given is the only way that legal aid can meet everyone's needs."
For the Scottish Legal Aid Board, Chairman Jean Couper added:
"The Board is delighted to see these major changes to civil legal aid, which are the result of partnership working between the Executive, the Society and the Board. We believe these reforms will lead to a better service: a better quality-assured service for applicants; better remuneration for solicitors; and overall a better deal for the taxpayer. We are particularly pleased to see the introduction of case reporting and quality assurance mechanisms to be operated jointly by the Board and the Society. The new system of block fees will reduce costs for the profession and the Board while at the same time rewarding efficiency."
The current fee structure was introduced in 1992. The last increase in fee levels was in 1995.
The new fee structure will be put to the Scottish Parliament for approval in the near future.
The reformed system will be the subject of a formal review by the Executive, the Board and the Society after two years, in order to evaluate its impact. It will be reviewed periodically thereafter.