Programme for government: missed justice opportunity

The Scottish Government’s 2024-25 Programme for Government, unveiled by First Minister John Swinney, outlines several key reforms and legislative proposals aimed at advancing justice in Scotland. While the programme includes notable initiatives, the Law Society of Scotland has expressed disappointment that it does not adequately address the urgent need for increased investment in access to justice and legal aid.

The proposed legislative changes encompass several areas of interest, including:

• Adults with Incapacity
• Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews
• Crofting
• Leases

Additionally, the government plans to continue work on ongoing legislation such as:

• Regulation of Legal Services Bill
• Victims, Witnesses, and Justice Reform Bill
• Judicial Factors Bill

Susan Murray, President of the Law Society of Scotland, acknowledged that the proposed bills are significant and will be closely monitored by members. The Society intends to engage with Members of the Scottish Parliament (MSPs) on these issues. However, Murray voiced concerns about the lack of progress on previously promised human rights legislation and criticised the absence of a concrete plan to address the longstanding issue of underfunding in legal aid.

While the programme includes positive measures, such as support to reduce court backlogs and enhanced funding for victims and witnesses, it fails to tackle the critical issue of legal aid underfunding. Murray highlighted that continued neglect of this area could undermine improvements in other parts of the justice system and disproportionately affect Scotland’s most vulnerable communities.

The Law Society of Scotland urges the Scottish Government to address the underfunding of legal aid, which has persisted over the years and threatens to further erode access to justice. The Society calls for immediate action to prevent the situation from worsening and to ensure that all individuals, regardless of their financial situation, have access to the legal support they need.