Meeting fails to resolve legal aid issue
5 Jul 06
Society disappointed at lack of new proposals from Executive
The Law Society of Scotland has expressed its disappointment with the Scottish Executive's continuing refusal to change its stance on legal aid payments.
Representatives from the Society met with the Deputy Justice Minister Hugh Henry today to discuss the ongoing issue of solemn legal aid fees for solicitors. No new offer was made, but further talks will take place later this month and it is possible that the threatened boycott of sex offender cases by groups of criminal lawyers will be postponed to allow these to continue.
The Society was promised a new fee system in solemn criminal legal aid work to relect the procedure changes in the Bonomy reforms and has been working with the Scottish Executive and Scottish Legal Aid Board to have these implemented. A promised model from the Board has not been forthcoming and the fee increase has been put on hold until next year.
The Scottish Executive offered an increase of 8% for court work and 5% for other work backdated to work begun after 1 December 2005, which the Society rejected as unacceptable.
Court solicitors in several sheriff court areas including Glasgow, Edinburgh and Aberdeen had voted not to represent alleged sex offenders from 1 August if there was no improved offer. However, since the meeting many are supporting a proposal to put back the date by one month to allow for continuing talks with the Executive. The largest group, the Glasgow Bar Association will meet next week to vote on the move.
Speaking after the meeting with Mr Henry, Oliver Adair, convener of the Society’s Legal Aid Solicitors Committee, said: “The initial signs were positive that we could achieve an early resolution but at today’s meeting, even though the Deputy Minister acknowledges the force of our arguments, he did not offer any fresh proposals on behalf of the Scottish Executive.
“The Society’s position on the current dispute is clear - it must be dealt with urgently. It is now nearly two months since the Special General Meeting when solicitors backed a motion for the Society to withdraw co-operation in criminal matters from the Scottish Executive and Scottish Legal Aid Board following the Scottish Executive’s failure to honour the commitments to properly remunerate solicitors engaged in solemn work.
“Although ongoing discussions have been constructive, there needs to be a resolution in the interests of justice and everyone involved in the Scottish criminal justice system.”
Society representatives were informed that the minister would be seeking a further meeting with the Scottish Legal Aid Board and would meet with the Society at the end of July.