The review of legal aid brings a great opportunity to modernise legal aid legislation and to consider additional ways of providing greater access to justice for those who need it, the Scottish Legal Aid Board said today ahead of a Scottish Parliament debate on Modernising Access to Legal Advice, Information and Representation.

Jean Couper, Chairman of the Scottish Legal Aid Board said:
"The Board is committed to improving and developing legal aid in Scotland. I therefore very much welcome the Executive's debate on the reform of legal aid, advice, information, and representation, as part of modernising the justice system. Holding a high profile debate today highlights to the public the importance of extending access to justice and provides a valuable opportunity for discussing how best this can be achieved."

"Legal aid is an important public service for many people who do not have the financial resources to assert their legal rights. We strongly support the Justice Minister's plans to review legal aid provision in all its forms and are delighted that this important review is to get underway shortly. It provides an excellent opportunity to engage with stakeholders and think creatively about how to improve the efficient and effective operation of the legal aid system and the delivery of publicly funded legal advice, benefiting the people of Scotland."

"The Board is committed to increasing its efficiency and effectiveness and providing increased value for money. Over the past few years the Board has improved the service delivered and achieved high performance against increasing targets. We have increasingly consulted our customers about our service and the operation of legal aid, and this has helped shape the development of the Board's policies and practices. The legal aid system works well for a great many people and allows them to get the help they need and gain access to justice."

Jean Couper added, "We believe we can further improve our service to better meet the needs of all our stakeholders and are committed to do so. For example, by 2005 all our services will be available through eBusiness, thereby reducing bureaucracy, making the system quicker and more cost effective."

"We hope this review will grasp the opportunity to re-examine our governing legislation, which is cumbersome and limiting in a number of respects. As brought out by the Justice1 Committee Legal Aid Inquiry in 2001, there is currently no mechanism for the strategic planning and management of supply of legal advice to meet identified demand."

The Board funds legal advice and representation provided by solicitors and advocates to the tune of around £150 million a year. In addition there is a substantial range of advice and information services provided by the advice sector and local authorities.

Jean Couper added: "Legal aid provision in Scotland is much better than in many other places, both in terms of the range of legal issues covered by the scheme and the ability of those in need to access it. However, we believe that there is scope for legal aid to be further modernised and developed both in its operation and its interaction with the justice system, to bring better services for those who need access to legal information, advice and representation, as well as giving good value for the taxpayer."

The Board, working in partnership, has shown that real progress can be made to reform and improve access to justice. Major improvements have been made to civil legal aid through reforms that came into effect on 1 October that were delivered as the result of partnership working between the Law Society of Scotland, the Scottish Executive and Board.

Jean Couper said: "However, civil legal assistance needs to be further developed. This review brings the opportunity to revisit areas such as financial eligibility and the relationship between advice and assistance and civil legal aid. We would also like to see greater encouragement for alternative dispute resolution and negotiated settlement, where appropriate, thereby avoiding litigation."

"We share the Minister's view that in looking to achieve increased access to justice for those who need it, we must consider all ways of providing legal information, advice and representation. Also, there needs to be an adequate supply of quality assured providers for all types of legal assistance."

"Access to justice in Scotland might be improved by developing a more effective network of advice provision at the local community level and through different delivery methods. Such an advice network could facilitate greater partnership working between solicitors and non-solicitors, generalists and specialists, and private sector and not for profit and public sectors, to make best use of available resources and optimise access to justice. Local authorities would have an important role in these networks. It is important that all of these relationships are considered as part of this review."

In the area of criminal legal aid, modernisation would enable the criminal justice system to work more effectively. Expenditure on criminal legal aid continues to rise, due primarily to an increase in the volume of cases. Work is already underway to modernise the criminal justice system - principally through Lord Bonomy's review of the High Court and Sheriff Principal McInnes' review of summary justice.

Jean Couper explained: "We believe that reform of criminal legal aid is an essential component of the reform of the criminal justice system. We are currently considering how criminal legal aid might be developed and improved."

The Board's Corporate Plan 2003-2006, which was published in June, anticipated significant changes in access to justice and the operation of legal aid. The plan detailed that the Board was committed to working with the Scottish Executive to continue the development of the legal aid system and to delivering a range of work across three themes:
* Increasing access to quality assured legal advice, assistance and representation for those who need it and who qualify for legal aid
* Working with others to improve the efficient and effective operation of the legal aid system and its interaction with the justice system
* Increasing the Board's efficiency and effectiveness, and providing increased value for money.

ENDS

Journalists please contact: Colin Sim direct tel 0131 240 2033.

NOTES FOR EDITORS

1. Legal aid allows people who would not otherwise be able to afford it to get help for their legal problems. Legal aid and advice and assistance can only be accessed through a solicitor.

2. In 2002/2003 the costs of legal aid to the taxpayer (net Legal Aid Fund expenditure) was £135.1 million. In 2002/2003 there were 317,042 advice and assistance intimations, 85,915 grants of criminal legal aid, 13,480 grants of civil legal aid, 3,118 grants of children's legal aid and 239 grants for contempt of court.

3. The Scottish Legal Aid Board was set up in 1987 to manage legal aid in Scotland. The Board employs around 330 full-time staff. Twelve Board members, appointed by Scottish Ministers, oversee the work.

The Board's mission is to promote the development and delivery of appropriate access to quality legal assistance for those eligible, in a cost-effective manner.

The work of the Board includes:
* advising Scottish Ministers on the current operation and development of legal aid provision
* managing the Legal Aid Fund
* investigating different ways of delivering a legal aid service, for example, by running pilot schemes
* developing operational plans and policies and procedures, including e-business, to improve the delivery and administration of legal aid
* assessing applications for legal aid
* examining solicitors' and advocates' accounts for legal aid work, and paying them for the work they have done
* collecting, for civil legal aid, contributions, expenses, and money won or kept as a result of civil legal aid or advice and assistance
* registering firms and solicitors under the Board's Code of Practice in relation to criminal legal assistance and monitor their ongoing compliance
* investigating and pursuing abuse of legal aid.

4. The Board has two linked websites: www.slab.org.uk and for the profession, www.slabpro.org.uk