Legal aid cuts could breach human rights, warn lawyers

SCOTLAND risks breaching human rights laws if cuts in civil legal aid mean people are denied access to justice, senior lawyers have warned.

• Judges leave Edinburgh's St Giles' Cathedral after the 'Kirking of the Judges' marking the start of the legal year. Picture: Ian Rutherford

The Law Society of Scotland fears an 8.1 per cent cut to the legal aid budget, from 150 million to 140m, will make it harder for the nation's poorest to seek justice through the courts.

It predicts that the proposed cut will have an even greater impact at a time of job losses, home repossessions and tougher benefits laws, as demand for legal aid is set to go up rather than down.

The impact of the "Cadder ruling" could also see demand for legal aid soaring.

When the Supreme Court, in London, found Peter Cadder's human rights had been breached because he was not given a lawyer during a police interview, it made 3,471 other convictions unsound and forced the Scottish Government to rush through emergency legislation which, among other things, doubled the length of time a suspect could be held without charge.

Decisions made in either London or Strasbourg have the ability to set a precedent changing Scots law, while opening the floodgates for new claims.

Michael Clancy, the society's director of law reform, said: "We run the risk of finding ourselves in contravention of the European Convention of Human Rights if insufficient (legal aid) funds are made available.

"Human rights are a key aspect of the legal system. I can't predict all the circumstances where there may be a breach, but there is Article Six, the right to a fair trial, and Article Eight, right to a private life."

The Law Society has produced a Scottish election manifesto - which it will present to MSPs tomorrow - for the first time in 12 years. Its recommendations include a proposal that law should be taught in schools, to improve understanding of rights and responsibilities among young people.

The society also wants Scotland to be promoted as a global centre for arbitration cases, after the passing of the Arbitration Act 2010 made the process quicker and simpler.

A Scottish Government said: "We have taken steps to deliver greater efficiencies across the justice portfolio.

"This includes legal aid, where we have worked with stakeholders to identify areas where savings can be made, for example, through an expanded role for the Public Defence Solicitors' Office, removing anomalies in the current system, cutting out unnecessary spend, and encouraging early resolution of cases."

A spokesperson for the Scottish Legal Aid Board said: "Legal aid funding in Scotland is unusual in that it is not cash limited - this means that there is no cap and the Scottish Government will provide the funding for the cases which the board grants.

"Work with both the society and the Scottish Government to propose how savings can be achieved is ongoing."