Society hits out at fresh legal aid cuts

Proposed further cuts in the Scottish legal aid budget have been condemned as "unrealistic" by the Law Society of Scotland. 

The Scottish Government’s draft budget for 2016-17, announced yesterday by Deputy First Minister John Swinney, plans a £10m (7%) cut in legal aid provision from £136.1m to £126.1m – lower than the amount spent more than 20 years earlier. With the budget not being capped, actual spending in 2015-16 is likely to exceed the budgeted amount, meaning that cuts would need to be more severe in the following year to achieve the Government's proposed figure.

Christine McLintock, President of the Society, told legal aid practitioners: “The Scottish Government has set the financial target for 2016-17 at a level that:

• is lower, in cash terms, than levels of legal aid expenditure from over 20 years ago (in 1994-95 the total expenditure on legal assistance was £132.1m);
• is clearly unrealistic if you are trying to maintain an effective and sustainable legal aid system. Given existing figures, in order to reach its target, the Government would need to cut expenditure by at least £10m by 2016-17. We do not see how this can possibly be achieved without seriously damaging both access to justice and the justice system."

She added: “The Government has already made significant savings over the years and already achieves very good value for money in terms of our legal aid system. It has made savings, both in real terms and in cash terms. Further reductions are likely to be damaging to those who need legal help.

“Legal aid delivers a vital service up and down the country to people with legal issues and it can deliver life changing assistance to people in need. It is designed to help individuals on low and modest incomes gain access to legal advice, assistance and representation. We also know that investment in legal aid makes good economic sense – spending on legal aid and ensuring people have access to quality advice at an early stage can and does save money in other areas of Government spending."

The Society has been invited to discussions with ministers just after the new year. The President said it would be taking up that offer to argue strongly in favour of investment in legal aid, using the legal aid policy paper it published earlier this year which sets out a range of proposals to make the legal aid system simpler and more efficient.

"That is why we do not support the Government’s drive to reduce legal aid and will be writing to all political parties about these issues", Ms McLintock added. "We will be back in touch with details of how you can help us campaign in advance of the Scottish elections. In the meantime, we would encourage you to contact your MSP as a matter of urgency about this issue.”