McConnell attacks 'shameful' lawyers

JACK McConnell yesterday launched an astonishing attack on the "shocking and disgraceful" stance of lawyers who have voted to boycott sex crime cases - accusing them of risking public safety and saying they "should be ashamed of themselves".

The First Minister spoke out in the Scottish Parliament as the pledge by lawyers to refuse to take sex cases in a row over legal aid payments threatened to spread across the country.

Bar associations in Glasgow, Edinburgh, Hamilton and Dumbarton, representing more than half of Scotland's legal aid lawyers, will boycott cases from 1 August unless a settlement can be reached with the Scottish Executive over payments.

Lawyers spearheading the move angrily rejected the First Minister's criticism and accused the Executive of "arrogance" by ignoring requests to meet to discuss their concerns.

Last night, The Scotsman learned several other bar associations, including Paisley, Elgin, Dumfries, Falkirk and Greenock, are expected to back the boycott, which is targeting sex offence cases because those accused of such crimes are not allowed to cross-examine witnesses in court; without a defence agent, trials cannot go ahead.

Mr McConnell told MSPs an interim pay rise of 8 per cent for court work and 5 per cent for other work was on the table and ministers were ready to discuss the "considerable" offer with the Law Society of Scotland.

He said fees for solemn criminal work - the most serious cases which go before a jury - were increased in 2004 by 15 per cent for advocacy and by above-inflation rates for other areas of work.

"With such substantial increases already delivered and on offer, I think it is shocking and disgraceful that, in order to heighten public concern and scare the public into putting pressure on us, the lawyers in the Glasgow Bar Association have particularly threatened to create chaos in the prosecution of sex offences," Mr McConnell said.

"They should be ashamed of themselves. They should call this off and they should get round the table and discuss this with the justice department officials and then with the justice ministers to reach a solution."

If sufficient lawyers join the boycott, it raises the possibility that those accused of serious sex crimes may not be able to appear in court within the legal time- frame and so could walk free without a trial. Mr McConnell said contingency plans involving public-sector lawyers would be put in place if the "irresponsible threat" were carried out.

"I can see no justifiable reason for legal professionals to put public safety at risk," he said.

Lawyers say the pay offer is derisory, given there has been almost no increase in criminal legal aid since 1992. Solicitors receive 66.40 an hour for court appearances and 44.20 for preparation and for waiting in court for cases to be called.

But they say they are left with only a fraction of this once overheads are covered, and they are demanding that the Executive delivers on a pledge made four years ago for a revised pay structure for the most serious cases.

Gerry McClay, the president of the Glasgow Bar Association, said: "Mr McConnell says the offer on the table is considerable. But that offer amounts to 2 an hour to deal with murders, rapes and other sexual offences. That's not acceptable."

Vincent McGovern, of the Hamilton association, claimed the deputy justice minister, Hugh Henry, had ignored repeated requests for a meeting.