This item was published during the term of a previous administration that ended in April 2007
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Parliament hears of need for legal aid reform
03/12/2003
Scotland's £150 million legal aid system must address public unease that it does not support enough people with genuine legal problems, Justice Minister Cathy Jamieson said today.
Speaking ahead of a debate in the Scottish Parliament, Ms Jamieson said reform was needed to provide people with a fair, transparent and efficient legal advice service that supports them at crisis points in their life.
The Minister will give further details of the Executive's plans to improve the availability of legal aid in Scotland through a root-and-branch review of the delivery of legal advice, information and representation in Scotland.
Ms Jamieson said:
"Public perception of legal aid is mixed. For many people the system works well and allows them to get the help they need. However, some people view the system with confusion, at worst with mistrust. Hard working people who find themselves in civil cases do not always find it easy to get the legal help and advice they require. There can be a perception that criminals have easier access to money and help from a seemingly bottomless purse.
"As a politician I recognise those concerns. Today I will urge Parliament and everyone with a stake in this issue to accept the challenges that face legal advice services in Scotland. Legal aid is a cornerstone of our justice system. But justice is not served if people cannot find the right legal advice.
"This is not a question of resources. Legal aid costs have increased substantially over the last ten years - in line with demand. We can, with improvements, make better use of that budget. However, the real prize is a legal aid system that is fair, transparent, and efficient, better meeting the needs of Scotland's citizens.
"A process of reform is already underway. We have set up four more in-court advice projects, and we have widened the pilot scheme for the Public Defence Solicitor's Office.
"The key stakeholders within the legal system have also recognised the need for change and are moving with us. But we can do more - and I believe the time is right for a step change in the way ordinary, hard-working people get the help they need.
"I announced recently that we wanted to build on good work already done by undertaking a short, sharp six-month review of the functions and delivery of legal aid. This review is at the heart of the step-change in delivery of legal advice we want to see.
"I want to build on the good work already done with the Law Society and the Faculty of Advocates on improving civil legal aid, and work with practitioners across all sectors to make the system work better.
"Reviewing and reforming legal aid is just one part of our wider justice reforms. Reforms that together are delivering the most significant overhaul in justice in a generation. Reforms that are also at the heart of a major cultural shift - towards a justice service which puts the needs of the public first."
The Strategic Review of the Delivery of Legal Aid was announced on October 24.
It will be carried out by a team from the Executive and the Scottish Legal Aid Board and will consider the objectives and delivery of legal aid, advice and information in Scotland.
It will be undertaken in the context of the Ministers commitment to modernise legal aid, to streamline criminal justice and to pursue an active access to justice agenda for the benefit of Scottish citizens.
Gross legal aid expenditure has fluctuated significantly over the last 10 years. In 1993/94, the total expenditure was £124.4 million. By 1997/98 this had increased to £145.1m but fell away in the following years to £130.2 million in 1999/00.
Since then, legal aid expenditure has been on an upward trend with £144.8 million being spent last year. This year, we expect total expenditure to be about £155 million. More figures are available in the Board's annual report.
In-court advice projects are now being piloted in Aberdeen, Airdrie and Dundee, and Hamilton following on from the success of the Edinburgh project. The projects provide free legal advice, support, and information to people who are not assisted by a solicitor or other advisers in civil actions.
The Public Defence Solicitors Offices (PDSO) will be piloted in Glasgow and Inverness following an announcement on October 20.
The PDSO opened in October 1998 in Edinburgh. The extension of the pilot offices will enable the Scottish Executive to make better comparisons between public defence and private solicitors in terms of cost, quality, client satisfaction and the wider impact on the criminal justice system.