Legal aid fee system review panel members announced

An 11-member panel has been appointed to advise the Scottish Government on an evidence-based approach to reviewing legal aid fees.

The panel has been established in response to recommendations set out in Martyn Evans’s independent review of legal aid. 

It includes academics and members of the Faculty of Advocates, the Society of Solicitor Advocates, the Law Society of Scotland and the Scottish Legal Aid Board. It will meet for the first time on 15 March.

Known as the Scottish Government Expert Payment Advisory Panel, its members are

• Professor Graeme Roy (Director of the Fraser Allander Institute, University of Strathclyde)
• Professor Emeritus Frank Stephen (economist)
• Ruth Innes QC (Faculty of Advocates)
• Ronaldo Renucci QC (Faculty of Advocates)
• Ross Yuill (Society of Solicitor Advocates)
• Ian Moir (Law Society of Scotland)
• Mark Thorley (Law Society of Scotland)
• Paul Brown (Scottish Association of Law Centres)
• Raymond McMenamin (Scottish Legal Aid Board)
• Colin Lancaster (Scottish Legal Aid Board)
• Neil Rennick (Scottish Government Director of Justice and Chair)

Community Safety Minister Ash Denham commented: ““The creation of our expert panel is an important step towards modernising the system to ensure that it is fair to both the taxpayer and the provider, and is sustainable for the future.

“Despite significant financial pressures, Scotland’s legal aid system is one of the leading jurisdictions in Europe in terms of scope, eligibility and cost, with three-quarters of people eligible for some form of civil legal aid assistance. This contrasts with the position in England & Wales, where only around 25% are eligible, and where legal aid scope for many areas of civil law such as family, housing and immigration has been cut.”

When promising last November to set up the review panel, the Government said it would also consult on the streamlining of the legal aid system and fee structures.

Christine McLintock, convener of the Law Society of Scotland’s Public Policy Committee, said: “The sustainability of legal aid fees is a significant concern for access to justice and for the viability of the sector. We raised issues around fees to the independent legal aid review, around the lack of any periodic review, the impact of cuts, real-terms reduction through inflation and challenges for particular areas of work, such as police station advice. Establishing a framework panel to consider these issues is a positive step.

“It is vital that the voice of practitioners is clearly heard by the Government, the Scottish Legal Aid Board and everyone with an interest in shaping the future of legal aid. With Ian Moir and Mark Thorley joining the panel, conveners of our criminal and our civil legal aid teams respectively, we can be sure the experience of practitioners and the challenges for access to justice will be highlighted. Ian and Mark will continue to actively engage with practitioners on the issue and will welcome views from our members throughout the process.”

She added: “Ongoing periodic review is vital to ensure the sustainability of fees to maintain availability of legal advice for those who need it and encourage new entrants to the sector. There are models for periodic review across the justice system already, from judicial expenses to sheriff officers’ fees, and there are examples of best practice in legal aid systems internationally that we can learn from.

“The legal aid system in Scotland is complex and in need of simplification and we hope that the panel can move swiftly to develop an effective, straightforward, accountable and fair process.”