Fatal Accident Inquiries (Legal Aid)

Part of the debate – in the Scottish Parliament at on 26 February 2019.

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Photo of Ash Denham Ash Denham Scottish National Party

I thank the member for raising that point, which is important. I agree that a review is required.

To reiterate, it is the role of the Scottish Legal Aid Board to make determinations on whether legal aid funding is to be awarded. The Scottish ministers cannot overturn the board’s decision and there is no flexibility for the board to decide to disapply or disregard the statutory requirement to assess an applicant’s finances. Any changes to the system can be made only through changes to primary legislation, which is why we plan to consult on a new legal aid bill. That will be a full consultation and it will happen this year, before the summer recess. I will consider carefully the issue of FAIs as part of the wider planning for the new legal aid bill. I am happy to meet any member who wants to discuss the issue further and contribute to that bill.