Lawyers say rise in legal aid will jeopardise fair trials

Hugh Henry, the deputy justice minister, said moves to increase the number of Public Defence Solicitor Offices (PDSO) from three to nine would provide "justice for all" by offering the accused a greater choice of affordable lawyers.

The new offices in Dundee, Aberdeen, Falkirk, Ayr, Dumfries and Kirkwall - expected to open next year -

will increase the number of Scottish Legal Aid Board (SLAB) solicitors from nine to 20.

However, lawyers said that directly employing public defenders threatens the independence of the judiciary because they are under the influence of their employers and provide unfair competition.

Their concern intensifies the long-running dispute with the Executive over legal aid. Earlier this month an Executive report warned that miscarriages of justice are more likely because the introduction of fixed fees, instead of payment by the hour, means lawyers are not spending as much time on cases.

Lawyers have even threatened to boycott cases involving alleged sex offenders in protest over legal aid fees - a move labelled "disgraceful" by Jack McConnell, the First Minister.

Last year the legal aid bill was 152 million and is set to rise to 168 million by 2007-8.

Yesterday, Mr Henry said the new PDSOs will provide a more affordable way to provide legal representation.

"We believe that publicly funded criminal legal assistance in Scotland is best delivered by a mix of salaried legal professionals and those in private practice," he explained.

Mr Henry said the PDSOs also increase choice. "There are other parts of Scotland where there may be limited competition for publicly funded criminal legal advice. We have therefore decided to open new PDSOs in some areas to provide an additional element of competition."

However, Gerry McClay, president of the Glasgow Bar Association, disputed that the plan was anything to do with cost or choice. He said: "At the moment we have 1,500 solicitors registered to do criminal legal aid in Scotland. I do not see why there is a need for more choice. It is nothing to do with need or cost, it is because they do not want private solicitors that are willing to stand up and challenge them. You need an independent defence system and defence lawyer - but you have to pay for that."

But Iain Robertson, SLAB chairman, defended the news. He said: "The expansion of PDSOs allows Scotland to see criminal legal assistance delivered by a combination of salaried solicitors and those in private practice.

"This combination of private and public provision is common around the world and brings a number of benefits. PDSOs help ensure comprehensive access to criminal legal assistance."

Legal experts put the case for the defence

LAWYERS are increasingly at logger-heads with the Executive over the independence of the judiciary.

LEGAL AID: Fees have not risen for 14 years prompting fears fewer and fewer high quality lawyers are willing to defend the accused. Lawyers believe a rise in fees for private practice would protect independence.

COMPLAINTS: The new Legal Aid Bill aims to strip the Law Society of the authority to deal with complaints against lawyers in favour of a Scottish Legal Complaints Commission whose members are appointed by ministers. Senior judges have branded the plan a threat to their independence. The Executive insist it would safeguard clients' interests.

THE LORD ADVOCATE: The new appointment of Elish Angiolini, by Jack McConnell, the First Minister, re-opened old wounds. Senior lawyers question how the head of the prosecution service in Scotland can be independent while also advising the Executive on legal matters.

THE COURTS: Executive proposals to place the control of all Scotland's courts under one person, the lord president, would undermine judicial independence say senior figures. There are proposals to unify the sheriff and high courts and make the operation of all courts the responsibility of the lord president.