Justice System

Portfolio Question Time – in the Scottish Parliament at on 5 June 2024.

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Photo of Sarah Boyack Sarah Boyack Labour

To ask the Scottish Government what its response is to reports that the Scottish justice system is “close to collapse” and that solicitors are taking industrial action. (S6O-03529)

Photo of Siobhian Brown Siobhian Brown Scottish National Party

I am aware of the position that has been adopted by the Scottish Solicitors Bar Association. Legal aid solicitors play a crucial role in our justice system, which is why, since 2021, there has been investment of £31 million in legal aid. We will continue to work with the legal profession and others to identify measures to improve and reform Scotland’s legal aid system.

We will continue to work with and support our justice partners in achieving the outcomes described in “The Vision for Justice in Scotland” by taking forward a programme to drive key areas of reform, including criminal justice efficiency under a criminal justice efficiency programme. The 2024-25 budget provides almost £3.8 billion to be invested across the justice system.

Photo of Sarah Boyack Sarah Boyack Labour

I thank the minister for that answer. One of the reasons for the industrial action is the Scottish Government’s proposal in the Victims, Witnesses, and Justice Reform (Scotland) Bill for a pilot of rape trials being conducted by a single judge without a jury. The proposed pilot trials have had a mixed reaction from victims and survivors of rape. Survivors have shared with the Criminal Justice Committee their concerns that not even judges are without unconscious bias and that decisions will rest with one judge. It is clear that the Scottish Government has not been able to secure widespread support for the pilot project from the legal sector or survivors, so will the minister support amendments at stage 2 to remove the provisions from the legislation?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

The cabinet secretary will consider the stage 1 recommendations from the Criminal Justice Committee and stakeholders.

Photo of Rona Mackay Rona Mackay Scottish National Party

Can the minister reaffirm that the Scottish Government is committed to the principle of legal aid, which ensures that free legal services are available to those who are most in need?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

Yes, the Scottish Government remains committed to the principle of legal aid. We have maintained resourcing of legal aid and have not actually cut its availability. It is a demand-led budget that is directly linked to application numbers; all those who are eligible will continue to benefit from legal aid.