This item was published during the term of a previous administration that ended in April 2007
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Strategic review of legal aid and advice
29/10/2004
The Strategic Review of the Delivery of Legal Aid,
Advice and Information was published today.
The report examines a wide range of issues concerned in
the delivery of publicly funded legal advice and has been
co-ordinated between the Executive and the Scottish Legal
Aid Board (SLAB) with input from a wide range of
stakeholders including legal aid practitioners.
The findings include:
- There needs to be a more strategic and coordinated
approach to planning and delivery of overall provision
of publicly funded legal advice
- Many of the reforms already underway should lead to
more effective delivery
- The development of publicly funded legal assistance
needs to be taken forward in conjunction with the
planned changes in the justice system
- There needs to be an enhanced role for SLAB to help
deliver a better co-ordinated and more flexible and
responsive system
Ahead of the Law Society's Legal Aid Joint Conference at
Heriot Watt University, Deputy Justice Minister Hugh Henry
said:
"I have always firmly believed that publicly funded
legal aid and advice for those who cannot afford to pay for
it is an essential feature of any modern, civilised and
democratic society.
"The many recommendations made by the Strategic Review
will clearly need very careful consideration before
decisions can be taken on whether and how these can be
taken forward.
"But I do believe that we need to be very clear on the
purposes of legal aid and about why taxpayers' money is
spent - and that's what this review has done."
Mr Henry told the conference of some changes that would
be introduced in the legal aid system in the short
term.
These included:
- Reform of advice and assistance on civil matters
ensuring tighter and more efficient procedures allied
with greater clarity for the clients on eligibility and
the advice available
- Closely associated with these efficiency measures,
an increase in fees for substantive advice and
assistance work from April 2005, in line with the
increase in civil legal aid fees brought forward in
late 2003
- Free legal aid to be available for welfare
guardianship proceedings under the Adults with
Incapacity Act 2000
Mr Henry, continuing on the theme of remuneration,
said:
"The fee increase in civil advice and assistance should
be set in a context where some legal aid rates, such as
these, have remained unchanged for more than 10 years.
"The strategic review sets out guiding principles for
remuneration that I fully endorse. Fair reward and regular
review of remuneration are essential, as is ensuring that
pay levels and structures reflect policy priorities.
"Value for money needs to be foremost in our minds when
taking forward modernisation of our legal aid system.
"Only if we drive efficiencies through the system
through a more effective management of legal aid will we be
able to meet our goals, whether promoting access to justice
or ensuring a fair reward for those who deliver legal aid
services.
"Working together we must remain focused on the purposes
for public expenditure in this area, and we must work to
build a system that meets all our expectations: clients,
practitioners and the taxpayer. We have made progress
already but much more can be done."
The Strategic Review, launched in 2003, is the first
comprehensive review of the operation of the 1986 Legal Aid
Act.
The 2003-04 expenditure was £51.247 million for Civil
Legal Aid and £102.217 million for Criminal Legal Aid.
In addition to these major categories, another £3.840
million was expended on Children's legal aid, miscellaneous
categories and the Public Defence Solicitors Office. Over
400,000 applications for Legal Aid are received by SLAB
every year.