Written Question · S5W-19931 · Session 5
How it ensures that legal firms undertake appropriate levels of Legal Aid work, and what assessment it has made of the changes to the legal…
The question
To ask the Scottish Government how it ensures that legal firms undertake appropriate levels of Legal Aid work, and what assessment it has made of the changes to the legal aid system with regard to supply meeting demand.
The answer
Under the current system the Scottish Government cannot directly regulate the amount of legal aid work solicitors firms undertake. Any changes made to the legal aid system via primary or secondary legislation are subject to a Business Regulatory Impact Assessment. Unlike in England and Wales where, for example, legal aid provision for housing and family law now lies largely out of scope, the Scottish Government has retained wide scope for legal aid. To assess the legal aid system in Scotland as a whole and ensure its future sustainability can be secured, Ms Ewing, the then Minister of Community Safety and Legal Affairs, commissioned an Independent Strategic Review of Legal Aid in Scotland that reported in February 2018. The report acknowledged that there are areas (both geographically and by area of law) where there is an over or undersupply of legal services. The Scottish Government response to the review will be issued on 29th November 2018.
In the Official Report
No contribution in the Official Report cites S5W-19931 by reference.