New deal over Scottish court legal aid fees

Legal aid fees paid to lawyers are to increase under a new £11m Scottish government deal.

The Scottish Solicitors Bar Association (SSBA) and the Law Society have accepted a deal which changes the structure of legal aid payments.

The new system will come into force in April, aiming to reduce the number of hearings.

Lawyers' groups have long been arguing for increased legal aid payments amidst claims of long-term underfunding.

In April last year, the row led to SSBA members announcing they would boycott certain domestic abuse cases.

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Julia McPartlin of the SSBA disputed the Scottish government's claim that the association had "agreed" to the £11m deal.

"It's not the language I would use," she said. "The SSBA doesn't have the power to agree or accept anything on behalf of our members.

"We were presented with this package that includes a small increase and it was made clear to us that we would have to make some concessions in order for them to go ahead with it.

"Obviously it's better than nothing but it doesn't really go far enough and won't address the problems we have with recruitment and retention."

'Ongoing sustainability'

The SSBA said its members would resume participation in duty solicitor schemes, which provide access to a lawyer for people detained by the police or making their first appearance in court.

It also agreed to drop its support of a national boycott of summary cases under the Domestic Abuse Scotland Act, although what happens on the ground will vary as this is decided by local groups of solicitors, known as faculties, in each area of the country.

The Law Society of Scotland said the £11m package was still well short of what's required "to pull the sector out of crisis."

Pat Thom, co-convener of the society's legal aid committee, said: "This is a step forward, but it unfortunately doesn't change the fact that legal aid in Scotland remains in deep crisis, with solicitors leaving in droves and access to justice eroding at an alarming rate.

"We urgently need a long-term solution, not a band-aid that won't even be taken out of its wrapper for another three months."

Community safety minister Elena Whitham said the deal "represents a genuine and credible offer of funding".

She added: "A review mechanism for legal aid fees in the future will ensure the ongoing sustainability of Scotland's legal aid system.

"We will continue to work with the legal profession and wider stakeholders, to ensure confidence in this process."