Top judge quizzed on legal aid Bill

Sep 4 2012

Scotland's top judge is to be questioned on Scottish Government legislation which aims to save £3.9 million from the legal aid budget.

MSPs on Holyrood's Justice Committee will hear from Lord Gill, the Lord President and Lord Justice General, as they consider the proposals.

The Scottish Civil Justice and Criminal Legal Assistance Bill, if passed, will mean people who have disposable income of £68 a week must make a financial contribution towards their criminal legal aid.

When the Government published the legislation earlier this year, Justice Secretary Kenny MacAskill said: "The Scottish Government believes that it is right and proper that those who can afford to pay towards the cost of their legal defence costs do so."

Anyone with disposable income under £68 a week would pay nothing.

A contribution would be paid if disposable income is above £68 but under £222 a week. Above that, legal aid will only be given if it is considered that making a financial contribution would cause undue hardship.

The Scottish Government has said about 80% of people receiving legal aid would continue to pay nothing and that the Bill would end a situation where contributions are collected for civil cases but not for criminal cases.

But the Law Society of Scotland has raised concerns about the proposals. Ronnie Conway, from the society's civil justice committee, will also give evidence to MSPs this morning.

Oliver Adair, convener of the society's legal negotiation team, has said that the Law Society does not believe that a disposable income of £68 a week is a "realistic amount from which to expect anybody to pay towards their legal costs".

The Bill would also establish a civil justice council to replace both the Court of Session rules council and Sheriff Court rules council. The new body would have a policy role to advise and make recommendations on improving the civil justice system.