4. To ask the Scottish Government what its response is to reported comments by the Faculty of Advocates and the Law Society of Scotland that an exodus of defence solicitors has left the legal system close to collapse. (S6O-03017)

I am aware of the issues of concern that have been raised by the Faculty of Advocates and the Law Society. I established, and I co-chair—along with the chief executive of the Law Society of Scotland and the dean of the Faculty of Advocates—the future of the legal profession working group, which is examining evidence and identifying measures that we can collectively take to address recruitment and retention in criminal defence.

We recognise the important role of legal aid providers in the justice system, which is why, in recent years, we have provided significant additional funding and increases in remuneration. We have invested £31 million in legal aid since 2021, despite the clear and significant constraints on our finances as a result of the United Kingdom Government settlement. In this financial year, we will provide an £11 million package of legal aid reforms, including an uplift worth 10.2 per cent overall.

This is not a problem that has suddenly appeared this year—it is a decade-long issue, so it has been a long time coming. An estimated 70 defence advocates have left the profession and moved to higher-paid jobs in the Crown Office and Procurator Fiscal Service. Unsurprisingly, that exodus and the shortage of solicitors, which the Faculty of Advocates has described as “unprecedented”, have led to trials being delayed or, in some cases, cancelled. The Law Society has said:

“Scotland’s legal aid sector has been left in the dark without long-lasting reform”.

I agree.

What is the Government doing now to ensure that our legal sector does not collapse? As the Government often says, justice delayed is justice denied.

The Scottish Government cannot compel private solicitors to undertake work. However, it is expected that the increase in legal aid fees will have a positive impact on availability for people who seek advice and representation, and on recruitment and retention.

Since 2021, £31 million has been invested in legal aid. If there is a continuing problem with recruitment and retention, that suggests that remuneration is not the only issue and points to a need for innovation in the provision of access to legal services.

Although there has been an increase in fees, the profession still pays defence lawyers less than is paid to lawyers who work for the Government or the Crown Office. The issue is simple to understand: if we do not pay defence lawyers the same as is paid to Government or Crown Office lawyers, we will not attract talent into the profession.

Although Scottish Labour welcomes the Scottish Government’s commitment to independent legal representation for victims who are subject to section 275 in rape trials, the Law Society has already expressed concern about how it will fulfil that pledge if it does not resolve the unfairness of how defence lawyers are paid.

Despite reductions in the level of crime, revenue funding for legal aid and other aspects of the justice system has been maintained in cash terms. There has been no cash reduction in the budget for the legal aid fund. In addition, the budget is demand led. Everyone who meets the eligibility criteria has access to legal aid, regardless of the allocated budget. The fact that the number of civil legal aid cases that were paid increased by 9 per cent, the number of summary criminal legal aid cases increased by 15 per cent and the number of solemn criminal legal aid cases increased by 13 per cent is a clear indicator of the work that is being done to reduce the Covid backlogs across the justice system.

The lack of defence solicitors is a particular problem in rural and island areas, with the falling numbers giving rise to the risk of legal aid deserts in some areas. What steps will the minister take to address that specific aspect of the problems that the Law Society of Scotland rightly highlighted?

Solicitors in all parts of Scotland are able to access funding for the work that is carried out under the legal assistance schemes. The schemes are flexible enough to allow solicitors to travel to rural and remote parts of the country to carry out work, should it be possible to instruct a local agent, although I reiterate that the Scottish Government cannot compel private solicitors to undertake work. However, it is expected that the increase in legal aid fees will have a positive impact on availability and representation.