This item was published during the term of a previous administration that ended in April 2007
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Law Society and Legal Aid Board conference
24/10/2003
A six-month review of legal aid provision will be
announced at the joint Law Society and Scottish Legal Aid
Board Conference in Dunblane today.
The strategic review is aimed at improving efficiency in
the delivery of legal aid in all its forms.
It will cover the role, functions and powers of the
Board, as well as the role of all those involved in the
delivery of publicly funded legal advice.
Spending on legal aid costs the Scottish public purse up
to £150 million a year - two-thirds of it on criminal legal
aid.
Justice Minister Cathy Jamieson said:
"Our partnership agreement gives a clear priority to
providing a safer, stronger Scotland, supporting safer
communities and improving public services. Our justice
system is a public service - and all those involved in it
must commit to providing the people of Scotland with the
best service possible.
"Good advice is at the heart of that service and while
there are many examples of very good practice, it is
becoming increasingly clear that good advice is not
available consistently, nor in every part of the country.
In effect there is an element of a 'post-code' lottery in
the legal advice available.
"Legal aid is central to improving this situation and we
should not be shy in taking a hard look at the
effectiveness of legal aid. We are not looking for 'justice
on the cheap'. The legal aid budget has increased
substantially over the last ten years in line with
demand.
"However I do not subscribe to the view that you cannot
put a price on justice. You can, we do, and we should. It
is essential that the money provided for legal aid
provisions is spent effectively and efficiently- used to
get best value for all the people of Scotland.
"The Executive has already started the process of
reform. Right now we are setting up four more in court
advice projects, to assist people who come to court without
any help. And in criminal legal aid we have introduced a
system of fixed fees for lower level sheriff court cases,
and this week I announced another two pilot Public Defence
Solicitor's Offices for Glasgow and Inverness.
"Today I can confirm that the Executive will now build
on that work by undertaking a six-month review of the
functions and delivery of legal aid. I want this review to
act as a trigger to providing all the people of Scotland,
no matter where they live, with stronger and better legal
advice.
"We all must ensure that when people go for advice, the
advice given is of good quality - bad advice can be worse
than no advice at all.
"On everyday legal problems three out of ten people's
first point of contact is a solicitor, with one in five
people seeking advice from the Citizen's Advice
Bureaux.
"However, these two main advice sources only account for
just under half of enquiries. There is a large list of
other sources who are a first point of contact, including
the police, local authority departments, trade unions,
housing associations, and welfare rights and trading
standards officer. I want to see best practice standards
adopted by all these providers, and I expect the review to
look hard at how we can achieve consistent national
standards across those providers.
"The Executive will also work closely over the coming
months with local authorities to increase awareness of
their role in providing help and information on legal
advice.
"Research published by the Executive highlights some of
the strengths and weaknesses in the provision of legal
information and advice in Scotland. One of the main
findings of the report is the need for greater clarity of
the role of lawyers and non-lawyers in the provision of
legal advice and information.
"I hope that everyone -from the Faculty through to the
voluntary sector- can work constructively together to
achieve the reform and modernisation we all recognise is
needed. Reform that must focus firmly on what is best for
ordinary people who need advice, help and representation
from our public justice service."
The review will be carried out by a team from the
Executive and the Scottish Legal Aid Board, and
recommendations will be made to Scottish Ministers and
SLAB. The team will consult both internal and external
stakeholders at an early stage in the review. The review
will be overseen by a Steering Group.
The Strategic Review will consider the objectives and
delivery of legal aid, advice and information in Scotland.
It will be undertaken in the context of Scottish Minister's
commitment to modernise legal aid, to streamline criminal
justice and to pursue an active access to justice agenda
for the benefit of Scottish citizens.