THE dispute between the Scottish Government and defence lawyers, which is set to impact the legal system during COP26, “needs immediate attention and resolution”, Holyrood’s Justice Committee convener has said.
Members of bar associations across the country have said they will not take part in a duty scheme during the global climate conference in Glasgow, which will see courts in Glasgow sit at weekends for the duration.
Those in the profession say it has been underfunded and understaffed.
A letter from Glasgow Bar Association president Fiona McKinnon outlines the issues the lawyers are looking to resolve.
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Writing to Justice Secretary Keith Brown, public safety minister Ash Regan and Scottish Legal Aid Board chief executive Colin Lancaster, she said: “We are seeking a commitment to a substantial increase in the legal aid rates and not simply the 5% promised by regulations next March, pending long-awaited legal aid reform and a mechanism to review future legal aid provision to reflect the commitment of practitioners to this essential work for the most vulnerable members of our society.”
Regan said last weekend that the decision not to take part in the duty scheme was “disappointing”.
A letter sent to the minister on Thursday from Audrey Nicoll, convener of the Criminal Justice Committee, called for an update on the situation, with just days before the climate conference begins.
“Whilst it is not the committee’s role to intervene or mediate in this dispute, we are concerned about this situation which we believe is an issue that needs immediate attention and resolution,” she said.
“The committee requests an urgent joint update from the Scottish Government and the Scottish Legal Aid Board on the steps you will be taking to resolve the current dispute, the impact on Police Scotland, our court service, and those arrested and kept in custody.
“We also request information on the contingency plans that will be put in place to deal with the situation if the dispute is not resolved before COP26 commences.
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“Police sources cited by various media outlets suggest that there could be between 150 and 300 additional arrests per day and we are concerned about the impact on Police Scotland and our court service if there are no lawyers available to help process any of these arrests, either to attend police stations or courts.
“It would be helpful therefore to receive details of what you expect the impact on the police and courts to be if the dispute is not resolved.”
A Scottish Government spokeswoman said: “We have been engaging with the legal profession on an enhanced package of legal aid fees during the period of the Cop26 conference and have responded positively to their proposals.
“We also met with representatives of the legal profession earlier this week and will continue to consider matters that they raise ahead of the conference.”
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