Chamber and committees

:Originally, it was to be 20 traineeships, which as a result of the negotiations has now gone up to 40 traineeships along with the digital support package. We are continuing to discuss with the Law Society the terms and conditions of that.

I will bring in Ciaran McDonald to talk about whether that point has been raised by the profession.

:Yes. We went through that when we discussed the issue in a previous meeting. The work that I have been doing in the past 18 months is outlined in the letter that was sent to committee members yesterday. A lot of work has been done. Moving forward, there will be primary legislation from the next Scottish Government although, as we know, that does not happen quickly. However, in the meantime, I am still having discussions with the Scottish Legal Aid Board about priorities for things that can be done through secondary legislation in the next parliamentary session. Those conversations are on-going and aim to maximise the reform that we can do before we do the primary legislation. I hope that that gives you some comfort.

:Yes. I have on-going conversations with SLAB—I met with it last week. We must be clear that the work that SLAB does is vital. We have a legal aid budget of £170 million and SLAB plays a huge role in legal aid reform. As I said in the previous committee session when we discussed the issue, there is an acknowledgement that, when we are doing legal aid reform, it will include parts of SLAB, and it is totally open to that.

:There has been a long period of negotiations with the Law Society and the Scottish Solicitors Bar Association about this uplift during the past 12 months, and that is how we came to the 13 per cent figure. As you know, action was being undertaken, which ceased in December. That is the figure that we have negotiated and, as I said in my opening speech, the Law Society said that it will be a lifeline for the profession.

On top of that, the fee review mechanism group that was established had its first meeting in December last year. That is an important group that had been asked for for many years, and it means that fees can now be reviewed annually, which was important to the profession. With the 13 per cent increase and the fee review mechanism group having been set up, I am confident that we are on a stable footing moving forward.

:Yes.

:The negotiations that we have been having for the past couple of months have primarily been on fee uplifts, to ensure that solicitors get the fees that come in in September. We hope that that will attract more people into doing legal aid work across Scotland, which of course will be beneficial for and impact on rural areas. In that previous committee meeting, you referred to perhaps having a group to focus on rural legal aid in the next parliamentary session. If I am the minister, I would be happy to pursue that and consider how we can make improvements to legal aid in rural areas.

:I apologise for my letter coming late last night. It has a lot of detail in it and I am not aware of whether all the committee members have been able to go through it. I have been able to outline some of the work that I have been doing to get secondary legislation through during the current parliamentary session and, as we look ahead to the next parliamentary session, it will be up to the next Government to take that work forward. I think that it will include developing new primary legislation to modernise the legal aid framework, with the aim of introducing a clearer and more flexible system and supporting longer-term reform.

On top of that—I can guarantee that this will happen, because it was introduced by this Scottish Government—we have the implementation of the provisions of the Regulation of Legal Services (Scotland) Bill, which was passed last year. That will include the phased commencement of licensed provider provisions, which will support the delivery of the legal aid traineeship fund by the Law Society of Scotland to support long-term workforce resilience alongside on-going evaluation to strengthen legal aid.

Good morning, committee, and thank you, convener.

I welcome the opportunity to speak to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026. This Scottish statutory instrument forms part of the Scottish Government’s programme of legal aid reform, which aims to strengthen access to justice and ensure that the system remains fair and sustainable for those who need it most.

The instrument will increase solicitors’ fees and fixed payments for criminal, civil and children’s legal aid and advice and assistance by 13 per cent, commencing on 1 September 2026. Additionally, it makes further changes to legal aid, amending regulations laid last December, and meets a commitment given to the Delegated Powers and Law Reform Committee to make corrections and minor drafting and clarification changes to the Civil Legal Aid (Scotland) Regulations 2002 and the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

The SSI has been developed in close collaboration with the Law Society of Scotland and the Scottish Solicitors Bar Association, and I want to express my thanks for their valuable contributions to the negotiations. I would also like to extend my gratitude to the Scottish Legal Aid Board for its input on the technical and operational aspects of the fee increase.

The SSI provides a significant increase to solicitors’ fees, ensuring that legal aid professionals are better remunerated and supported and allowing them to continue to make a real difference to people’s lives. The 13 per cent increase in fees addresses the profession’s concerns and contributes positively to the retention of legal aid solicitors as it decreases the potential risk of their stopping legal aid work. That would have a detrimental impact on access to justice and solicitor availability, as the committee heard in evidence to its recent inquiry on civil legal assistance. Indeed, the Law Society of Scotland has publicly welcomed the increase, calling it

“a lifeline for access to justice”.

The SSI forms part of a broader package of reform that includes the establishment of an independent fee review mechanism group, which will help shape the future of legal aid by creating a robust, evidence-based process for reviewing and agreeing legal aid fees. The package also includes further secondary legislation that will come into force on 1 April, 1 June and 14 December this year, as approved by the committee on 3 February.

Additionally, funding for 40 traineeships with digital support for new trainees will be provided as part of the fee uplift package of reforms to further support access to justice. The package demonstrates the Scottish Government’s commitment to a long-term investment in the talent pipeline into the legal aid profession.

In summary, convener, the fee uplift reaffirms our commitment to continuing to provide a robust legal aid system and supporting solicitors to provide crucial legal aid services, which, in turn, allow people access to justice whenever they might need it. We aim to ensure that people get the help that they need and that the solicitors are there to provide it.

I am happy to take questions.

:Absolutely. As we move into the next parliamentary session and consider primary legislation for legal aid reform, it is really important that all the recommendations from the committee’s civil legal aid report are taken into account for the next Scottish Government to move forward.

:Through some of the reform that we have been doing in secondary legislation, uplifts will be coming in on 1 April, 1 June and 14 December. The 1 September date for the introduction of the 13 per cent uplift has been negotiated with the profession. SLAB and the profession will have operational aspects to put in place, so it is not something that can be done overnight. We have had discussions with the profession and it is happy for the uplift to be introduced on 1 September.