SLAB backs Holyrood committee’s report identifying need for reform of legal aid system

The Scottish Legal Aid Board (SLAB) supports calls by the Equalities, Human Rights and Civil Justice Committee (EHRCJC) for reform of the legal aid system in Scotland.

In a report published yesterday following its inquiry into civil legal aid the committee has underlined the need for the Scottish Government to progress reforms through primary legislation in the next parliamentary session.

The committee had been exploring civil legal assistance in response to concerns raised about access to justice.

Reform needed

As we said in our own evidence to the committee, the current legal aid system is overly complex, making aspects of it more burdensome than need be for solicitors and SLAB alike. Elements of it can be also confusing and time-consuming for both applicants and those helping them with their legal problems.

We firmly agree that far-reaching new legislation is needed to transform the legal aid system’s ability to respond to evolving demands and user needs by harnessing new ways of designing, securing and delivering services.

We will work with the committee, the legal profession, stakeholders and advice providers to shape advice for the Scottish Government on the changes needed to create a more responsive user-focussed system for the future.

Interim changes

In its report, the EHRCJC also recommends making whatever changes are possible in the interim to improve access to justice.

As our evidence to the committee made clear, the current legislative framework severely limits our own ability to address the concerns highlighted by the committee or make the kinds of changes they recommend.

As most require new legislation or regulations, the bulk of the recommendations are therefore for the Scottish Government.

We are committed to supporting them in developing and implementing these, starting with the initial series of regulations promised in the discussion paper published by the government earlier this year.

Many of the operational issues identified by the committee flow from the tests we are required by law to apply and which ensure that scarce public resources are used as parliament intends.

A Dutch-style ‘high trust model’ could reduce the need for some of the detailed checks and balances built into the current system, but this would itself require a new statutory framework.

Building on improvements made over recent years, we will continue to work with the legal profession and advice sector to deliver further changes

While this may help make it simpler and more efficient, it is no substitute for the more fundamental transformation the committee calls for and which we fully support.