Advocates threaten strike over legal aid

Criminal bar considers action against new legal aid fees

News, 20 September 2005

Some of Scotland's top criminal lawyers are threatening to strike in protest against new legal aid fees, according to a report in today's Scotsman.

The paper claims that at least 20 advocates are considering striking as they claim the new fees system leaves them out of pocket.

The action was proposed by some members of the Faculty of Advocates at a meeting to discuss the new fees, introduced in April. Senior legal sources say that the number of advocates practising criminal law is likely to be cut from 120 to around 60 in the next few years as the drive to make the court system more efficient continues.

The new system of fees, unlike its predecessor, does not allow extra payments for complexity. Ian Hamilton QC, who supports the strike, said that more money needed to be pumped into legal fees so that standards do not slip. He added that it was in the public interest to ensure people were properly represented in court.

He went on: "Those of us for strike action are not concerned with the earnings at the top end of the scale... We are concerned with the earnings of the middling people who have been called in the last 10 years or so.

"When I tell you that a junior counsel in a criminal case can earn a court fee of as little as £300 a day, you may yawn. When I add of that £300 nearly all will be taken from him or her for outlays, perhaps you will see our case."

A spokesperson for the Scottish Executive said ministers were aware of the views being expressed and were considering the levels of fees.