Lawyers in legal aid plans protest

Nov 13 2012

Lawyers have staged a protest against proposed changes to the legal aid system, arguing people on low incomes will be hit hardest by the plans.

Advocates and defence solicitors demonstrated outside Holyrood in response to legislation which would change contributions and force them to collect the money.

They believe the Scottish Government plans will cause the criminal justice system to grind to a halt, with more accused people having to represent themselves.

Solicitors argue the proposed changes mean ministers are holding them in "utter contempt" at time when they are already being asked to work in a system of "bargain basement justice".

Inside Parliament, MSPs scrutinised the second of three stages of the Scottish Civil Justice Council and Criminal Legal Assistance Bill, which contains the plans.

Austin Lafferty, president of the Law Society of Scotland, said lawyers were seeking better access to justice and a fairer system of cuts.

Speaking at the protest, he said: "What the Government is doing is cutting the overall amount due for access to justice. We understand about budgeting and cuts, but this is a cut too far and is being carried out the wrong way. It's not just going to hit lawyers, it's going to hit ordinary people on low incomes."

Lawyers argue the Bill seeks to make "radical changes" to the availability of criminal legal aid to ordinary people. Concerns includes a proposal that people with a disposal income of £68 a week or more would pay a financial contribution towards criminal legal aid. Solicitors are also concerned that they will have to collect the money, arguing that they may be left out of pocket if clients do not pay.

The Scottish Government has said the Bill could save £3.9 million a year from the legal aid budget and that 80% of people receiving legal aid would continue to pay nothing. A spokesman said: "We need to ensure access to justice is preserved for all, including victims of crime whose needs will be met by this Bill.

"Getting the Scottish Legal Aid Board to collect all contributions would reduce the level of savings to the taxpayers' purse that could be achieved from these proposals and would be impractical. Solicitors are much better-placed to collect the relatively small contributions involved in most summary cases."