SCOTLAND'S ACCESS TO JUSTICE

Justice and Home Affairs Committee launches major inquiry into Scottish Legal Aid system

[Note: Deadline extended to December 21, 2000]

The Scottish Parliament's Justice and Home Affairs Committee has formally announced the remit of its major new inquiry into legal aid and the level of access to justice it provides for the people of Scotland.

The theme of the inquiry will be:

• to assess the impact of recent changes in the legal aid system (both civil and criminal); and
• to assess the likely impact of possible and prospective changes on the contribution made by the legal aid system to securing access to justice for individuals or organisations in Scotland.

Announcing the details, Convener Alasdair Morgan MSP said:

"The purpose of our inquiry will be to consider the extent to which the legal aid system secures access to justice in a number of different situations. Within that broad remit, depending upon the initial evidence we receive from key organisations, our committee will then identify the priority areas on which we wish to focus.

"For example, our committee may investigate whether people on certain income levels face difficulties accessing justice due to limitations in the availability of legal aid. We may also wish to look at whether small businesses or outside organisations are able to access the system effectively. Indeed, it may even be appropriate to look at whether people in different parts of Scotland receive the same level of access to legal advice.

"Recent changes to the legal aid system which may be scrutinised in our inquiry include the impact of fixed fees in criminal cases. Equally, the factors which have contributed to a reduced proportion of successful applications for civil legal aid being taken up may merit analysis. The Scottish Executive's proposals to establish a community legal service may also be examined."

The first stage in the committee's inquiry process will be to seek written evidence from interested parties. The initial deadline for such evidence is Wednesday, December 6, 2000 [Note: Deadline now December 21, 2000] (see below for details). This major inquiry, including a final report to the Parliament, is likely to last around a year.

BACKGROUND NOTES

Although the inquiry is intended to be fairly broad in its scope, there are two limitations to the above remit. First, the Committee will not be considering the routine administration of the legal aid system by the Scottish Legal Aid Board or other parties. Second, it will not be considering individual decisions made by the Board or other aspects of individual cases involving the legal aid system.

The Committee does not intend to consider the implications of the pilot Public Defence Solicitors' Office which is currently the subject of an extensive research project

Once written evidence has been submitted, the Committee will be able to decide whom to invite to give oral evidence and on which topics. Written evidence is being invited from:

• Scottish Executive Justice Department
• Scottish Legal Aid Board
• the Law Society of Scotland
• the Sheriffs' Association
• Victim Support Scotland
• Citizens' Advice Scotland
• Federation of Small Businesses
• Association of Chief Police Officers (Scotland)
• Scottish Consumer Council
• Association of Scottish Legal Advice Networks

Other interested individuals and organisations are invited to submit written evidence to the Committee, by Thursday, December 21 2000

Evidence should be reasonably brief (normally no more than 10 pages of A4) and set out in numbered paragraphs. A short (no more than one page of A4) summary at the beginning would be helpful.

Evidence should be submitted (preferably in hard copy and electronically, and marked "Legal Aid Inquiry") to:

Clerk to the Justice and Home Affairs Committee
Committee Chambers
George IV Bridge
Edinburgh EH99 1SP

email: JusticeandHome.committee@scottish.parliament.uk

Professor Frank Stephen (Professor of Economics at the University of Strathclyde) has been appointed as Adviser to the committee for its inquiry.