Kenny MacAskill: Bill to rebalance scales of criminal and civil justice

The criminal legal assistance element of the bill will require that people facing criminal charges should pay a contribution to the costs of their defence where they can afford it.

We must protect the rights of the accused, but public funds must be focused where they are most needed. This reform will bring criminal legal aid into line with civil legal aid.

It has always been, in my view, a manifest injustice that a victim of domestic violence, for example, may find her or himself liable to make a contribution to their legal aid bill in order to obtain the appropriate civil orders for protection, while the perpetrator of the violence might well have received criminal legal aid without being asked to make any contribution.

I am pleased that many people in the justice system, including the Law Society of Scotland, have accepted this basic principle.

I am very aware, though, that some parts of the profession view the introduction of contributions as a further burden being placed on them at a difficult time.

I understand their concerns and recognise that this will be an additional inconvenience to some solicitors.

We have sought to make our proposals beneficial to solicitors where we can, for example by ensuring solicitors can treat contributions collected as fees.

More than 80 per cent of applicants, such as those on very low income or on benefits such as income support, are still likely to be eligible for criminal legal aid with no contribution due.

Defence solicitors in Scotland already collect legal aid contributions when they provide initial advice, and when their clients plead guilty, as well as collecting fees directly from their clients in privately funded cases.

What we are proposing is that the Scottish Legal Aid Board will collect contributions in appeals cases and in the more serious solemn cases, where costs are usually much higher.

In summary cases where costs are lower, the solicitor, who has a direct relationship with the client, will collect contributions.

This seems to me to be as fair a balance as possible between the interests of the profession and the public purse.

I am very grateful, as ever, to the Law Society for its constructive engagement with government and the Legal Aid Board over this issue.

I hope that the profession will continue to work with us to design a system that will retain the current broad scope of legal aid in Scotland and provide reasonable fee levels for solicitors despite the difficult economic situation.

Reform will ensure that legal aid continues to be available to those who need it most.

The other half of the bill will establish a Scottish Civil Justice Council, replacing the current Court of Session Rules Council and Sheriff Court Rules Council.

For the first time we will have a body with oversight of the entire civil justice system, which deals with such vital matters as divorce and the care of children, housing, debt and personal injury.

This is the first legislative step in the most significant programme of civil courts reform in Scotland for a century, and implements one of the key recommendations made by Lord Gill in his review of the system.

As a government, we listened to Lord Gill and we are acting. Indeed, some of the recommendations are already being taken forward.

We will be discussing plans for civil courts reform with key stakeholders over the summer months, with a view to carrying out thereafter a wide public consultation on legislative proposals.

This government takes access to justice very seriously.

For both elements of this bill the Scottish Government has consulted widely in drawing up proposals.

I will continue to listen to constructive suggestions as the bill progresses though the parliamentary process.

• Kenny MacAskill is Cabinet Secretary for Justice