This item was published during the term of a previous administration that ended in April 2007
Listen
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.