Legal aid changes ‘will restrict access to justice’

PROPOSALS to stop providing legal aid in employment, housing and personal injury cases will “severely restrict access to justice”, it has been claimed.

Figures published by the Scottish Legal Aid Board showed 150 million was spent on legal aid in 2013-14. Picture: TSPL

The Law Society of Scotland has suggested that financial assistance be removed in a range of civil cases amid growing pressure on the legal aid budget.

But the Scottish Association of Law Centres (SALC) said the proposal was “ill-advised and ill-considered” and would punish the most vulnerable and ­disadvantaged.

Earlier this month, the Law Society published a discussion paper in which it said the legal aid system was no longer fit for purpose and in need of fundamental reform.

One suggestion was that legal aid should not be provided in cases involving breach of contract, debt, employment law, financial only divorce, housing and some personal injury claims.

But Mike Dailly of SALC, which represents charitable local law centres, said the proposal would “severely restrict access to justice for those who most need it”.

CONNECT WITH THE SCOTSMAN

• Subscribe to our daily newsletter (requires registration) and get the latest news, sport and business headlines delivered to your inbox every morning

• You can also follow us on Facebook, Twitter and Google +

“In our view, this is a socially regressive proposal that would penalise the most vulnerable and disadvantaged people in our society, taking Scotland backwards in time by more than half a century, to a pre-1950 era when there was no civil legal aid,” he said. “Our clients rely upon the availability of civil legal assistance to access justice and secure a fair resolution of legal disputes.”

He added: “We hope the Law Society of Scotland will withdraw these ill-advised and ill-considered proposals in the Scottish public interest.”

Figures published last month by the Scottish Legal Aid Board showed £150 million was spent on legal aid in 2013-14. But despite savings of around £20m, it said continuing pressure on the public purse meant more efficiencies would be needed.

Alistair Morris, president of the Law Society of Scotland, said: “The current system of legal aid is no longer fit for purpose and, with the ongoing reforms to modernise the wider court and justice system, we believe the time is right for root-and-branch change. It’s essential that we have a legal assistance system that protects the most vulnerable in our society and works effectively for those who depend on legal aid, but also for those who provide legal advice.

“The Law Society’s discussion paper is the first step in what we hope will be a robust debate on legal aid in Scotland. We have included a wide range of ideas in the paper, including some that might be considered controversial, to ensure that we can have a full and frank ­discussion about the future of legal aid.”

He added: “We are keen to hear alternative ideas and proposals that will help achieve a simpler legal aid system which continues to protect access to justice.”

SCOTSMAN TABLET AND IPHONE APPS

• Download your free 30-day trial for our iPad, Android and Kindle apps

• Keep up to date with all aspects of Scottish life with The Scotsman iPhone app, completely free to download and use