Independent review of ailing legal aid system announced

An independent review of legal aid has been announced by the Scottish government.

The legal aid system provides publicly funded legal advice and representation in court for those most in need. With legislation in Scotland dating back nearly 30 years, the review will explore how best the legal aid system can contribute to improving people’s lives now and in the future.

The review, which is expected to last a year, is being chaired by Martyn Evans, chief executive of the Carnegie Trust (pictured).

Announcing the review in a statement to Parliament, legal affairs minister Annabelle Ewing said: “I am proud we have a legal aid system that enforces people’s rights and upholds social justice. Our guiding principle is to focus legal aid on those who need it most and we have maintained access to publicly funded legal aid in both civil and criminal cases.

“With legislation that dates back to the 1980s, change is needed and the time is right to conduct a comprehensive review of legal aid. This is about ensuring we have a flexible and progressive system that is sustainable and cost effective.

“Martyn Evans brings a wealth of experience as a champion for the rights of Scotland’s most vulnerable citizens. I am delighted he has agreed to chair the review and look forward to receiving his report.”

Mr Evans said: “The provision of timely and effective legal assistance is a necessary part of a fair and equitable society. It’s important therefore that Scotland has a system that delivers the best possible support to those who rely on it.

“I am pleased to be asked to chair the review of legal aid and, over the coming months, I look forward to engaging with and hearing from the widest range of people with an interest in this area.”

The review group will also include solicitors with strong experience of working in legal aid: Lindsey McPhie, solicitor advocate and immediate past president of the Glasgow Bar Association and Jackie McRae, a SSSC registered social worker, solicitor accredited by the Law Society as a specialist in family law and a former member of the Law Society’s Council.

Eilidh Wiseman, president of the Law Society of Scotland, said: “Access to justice for all is crucial to our collective social security and underpins the rule of law. It is vital that anyone, regardless of their financial means, can access the legal advice they need and have equal protection under the law.

“Yet these principles have come under increasing strain over recent years because of a legal aid system which is, all too often, not delivering for those who depend on it. This is why we very much welcome the details of this independent review. It provides a real opportunity to help shape the future provision of legal aid and ensure its long term sustainability.

“I am particularly delighted that both Lindsey McPhie and Jackie McRae, two of our members with extensive experience of working at the coal face on legal aid cases, will bring their in-depth knowledge, experience and understanding of civil and criminal legal aid work to the review.

“We now look forward to engaging constructively as the review moves forward. As a first step, we will shortly publish a report on the financial health of legal aid firms in Scotland. Having seen some of the initial research findings, I know that parts of the report will make uncomfortable reading which only serves to highlight the urgent need for the review announced today.”

Gordon Jackson QC, Dean of the Faculty of Advocates, added: “It’s right that the legal aid scheme should be examined to make sure need is being properly met, and the Faculty will play its part in the review. Ultimately, what matters most is the provision of proper and fair access to justice, which is fundamental to the rule of law in a free society, and legal aid is an essential element of that. Whatever changes may follow this review, that principal must not be undermined.”