Justice Committee demands further information on appeal legal aid rates

Holyrood's Justice Committee has postponed a decision on whether to approve proposed legal aid rates for solicitors in the new Sheriff Appeal Court, with a request for further clarification of what solicitors would actually receive for acting in a summary criminal appeal.

The MSPs have asked for full information regarding a claim by the Scottish Legal Aid Board that a solicitor could expect to receive a fee of several hundred pounds in total. The Law Society of Scotland is leading objections to the proposed regulations on the basis that the fee payable for conducting an appeal hearing would only be £27.40, plus a £20 travel allowance, a fraction of the fees currently paid for representation in the High Court.

Legal Affairs Minister Paul Wheelhouse has rearranged his diary so as to accommodate the committee's request that he return next Tuesday to answer further questions. He also undertook to meet further with the Society in the meantime, while doubting that progress would be made as he maintained that the Society "already has access to the information and yet has chosen to take a contrary position".

Earlier in the hearing he attempted to argue that the cases in question only represented a very small proportion of the total number of grants of legal aid or assistance in criminal cases, adding "an hourly rate of £54.80 for appearance at the Sheriff Appeal Court... compares favourably with the minimum wage".

The Society has written to legal aid solicitors asking them to contact their MSPs if they are concerned about the issues. Ross Yuill, President of the Glasgow Bar Association, has predicted that solicitors will boycott work in the new court, which is due to begin sitting on 22 September, leaving criminal accused likely having to present their own cases.

Click here to view the official report of the committee meeting.