Written Question · S3W-05287 · Session 3
Further to the answer to question S3W-3940 by Kenny MacAskill on 14 September 2007, what action the Scottish Legal Aid Board will take if i…
The question
To ask the Scottish Executive, further to the answer to question S3W-3940 by Kenny MacAskill on 14 September 2007, what action the Scottish Legal Aid Board will take if its survey of the particular types of work which registered providers of civil legal assistance undertake identifies areas where there are few solicitors offering legal aid services, either in general or in particular types of cases.
The answer
Solicitors in privatepractice are free to choose whether or not to provide a legal aid service and, ifso, to what extent. Solicitors cannot be compelled to provide particular servicesin particular places for particular clients. It is, therefore, possible that someclients may experience difficulty in finding a solicitor able and willing to takeon their case, particularly where there are few solicitors providing a civil legalaid service in general.
The Scottish LegalAid Board is currently finalising a review of civil legal aid fees, requested bythe government, and the outcome of this work will shortly be available for ministers’consideration. The board is also taking a number of steps to simplify the administrationof the civil legal assistance system (further details of these steps are providedin the answer to question S3W-3938 on 14 September 2007). Both of these strands of work are designed to encouragesolicitors to continue to provide civil legal assistance.
If evidence emergesof difficulties being faced by potential clients in particular areas of the countryor in particular areas of law, the board will report this to the Scottish Governmentwith recommendations on how best to address the matter, including, where appropriate,further use of employed solicitors. In response to such evidence, ministers recentlyauthorised the board to employ two solicitors to provide a casework service acrossthe Highlands and Islands for clients who are unable to find a solicitor in private practice. Theboard is currently recruiting and the service will be operational early in the NewYear. The service will be based in Inverness and cover a wide geographic area thathas been highlighted as being at risk of under supply.
All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.
The Scottish LegalAid Board is currently finalising a review of civil legal aid fees, requested bythe government, and the outcome of this work will shortly be available for ministers’consideration. The board is also taking a number of steps to simplify the administrationof the civil legal assistance system (further details of these steps are providedin the answer to question S3W-3938 on 14 September 2007). Both of these strands of work are designed to encouragesolicitors to continue to provide civil legal assistance.
If evidence emergesof difficulties being faced by potential clients in particular areas of the countryor in particular areas of law, the board will report this to the Scottish Governmentwith recommendations on how best to address the matter, including, where appropriate,further use of employed solicitors. In response to such evidence, ministers recentlyauthorised the board to employ two solicitors to provide a casework service acrossthe Highlands and Islands for clients who are unable to find a solicitor in private practice. Theboard is currently recruiting and the service will be operational early in the NewYear. The service will be based in Inverness and cover a wide geographic area thathas been highlighted as being at risk of under supply.
All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.
In the Official Report
No contribution in the Official Report cites S3W-05287 by reference.