Law centres protest mooted civil legal aid restrictions

Scotland's law centres have rejected a proposal in a Law Society of Scotland discussion paper to remove selected areas of legal advice from a reformed civil legal assistance system.

Launched earlier this month, the paper, prepared by the Society's Legal Aid Committee, calls for a radical restructuring of a legal aid system that it says is "no longer fit for purpose". It puts forward various ideas that it says would save money, which should then be used to increase the low rates currently paid to solicitors for legal aid work.

Among its proposals, however, are that "consideration should be given" to removing six areas of advice from the scope of civil legal assistance – the single scheme with which it would replace the current legal advice and assistance, and civil legal aid. These are breach of contract; debt; employment law; "financial only" divorce; housing/heritable property; and personal injury (except for medical negligence).

The paper argues that advice on the types of issues involved "could easily and properly be provided either by the advice sector or on a private client basis through a range of funding options including speculative fee agreements, loans for legal services, and payment plans involving deferral or instalments", and many are already dealt with outwith the legal assistance system.

However, according to the Scottish Association of Law Centres (SALC), such changes would "severely restrict access to justice for those who most need it in Scotland". In a letter to the Society's President, Mike Dailly of Govan Law Centre, writing on behalf of SALC members, states:

"As local community law centres undertaking thousands of housing, debt, employment law, breach of contract and personal injury cases across Scotland each year, our clients rely upon the availability of civil legal assistance to access justice and secure a fair resolution of legal disputes.

"We do not understand why the Law Society of Scotland when charged with a statutory duty to promote the interests of the public in Scotland would suggest consideration be given to abolishing civil legal aid in vital areas of legal need."

The letter adds that the availability of civil legal assistance in such cases is "absolutely fundamental for a fairer and more equal Scotland". It concludes by calling on the Society to withdraw "these ill-advised and ill-considered proposals".

In its introduction the paper states that its proposals are "only a starting point for discusion", and that "there remain divergent views within our committees on some of the proposals presented here, particularly for the future of civil legal aid provision". Responses are invited by 30 January 2015.