Justice Hustings 2026: Reform, rights and the future of Scotland’s legal system

Our Policy Manager, Hew Edgar, reflects on the 2026 Justice Hustings, hosted by the Society on 30 March, and bringing together representatives from across the political spectrum to debate the future of Scotland’s justice system. 

With legal aid, human rights, and court reform all high on the agenda, the discussion offered a revealing insight into how our political parties are approaching some of the most pressing challenges facing the sector as we head towards the Scottish Parliamentary Election on 7 May.

Setting the scene

Opening the event, Law Society President Patricia Thom set the tone, noting that Scotland faces a complex mix of political, economic and social pressures. In that context it was emphasised that the role of the justice system has never been more important, being fundamental to upholding democracy, protecting rights, and ensuring fairness across society.

A shared diagnosis

Despite political differences, there was broad agreement on the challenges ahead. Access to justice, legal aid reform, and confidence in the system emerged as central concerns for the panel members:

• Siobhian Brown (SNP)
• Maggie Chapman (Scottish Greens)
• Jamie Green (Scottish Liberal Democrats)
• Liam Kerr (Scottish Conservatives)
• Pauline McNeill (Scottish Labour)
• Graham Simpson (Reform UK) 

Opening Positions: Shared concerns, different approaches

Despite political differences, several themes quickly emerged. Access to justice, legal aid reform, and the independence of the judiciary were repeatedly highlighted.

Recent legislative progress, including the Regulation of Legal Services (Scotland) Act 2025 and the Victims, Witnesses and Justice Reform (Scotland) Act 2025, were highlighted while, conversely, legal aid reform remains unfinished business, and a human rights bill is notable by its absence.

A key takeaway was a commitment from the SNP to introduce a legal aid bill in the next Parliament if re-elected to form a new government.

All the panellists stressed the importance of reform including features such as a “person-centred” justice system – one that accounts for poverty, trauma, and structural inequality.

There was consensus that the justice system is under strain, with resource pressures, workforce challenges and the growing difficulty of maintaining access to legal services, particularly in rural areas, all highlighted.

Concerns were raised about the lack of time permitted for MSPs to give adequate legislative scrutiny, as well as rushed and underdeveloped legislation. Both these issues undermine confidence in the system and can dampen reform.

Human rights and environmental justice

The absence of a human rights bill in the last parliamentary term drew criticism across the panel.

While time constraints delayed its introduction, we were reassured that work is ongoing. The Scottish Greens joined the SNP in indicating support for embedding international human rights standards into Scots law, including recognition of a right to a healthy environment.

Others were more cautious. Some signalled openness to a Human Rights Bill – but only once detailed proposals are available – while others highlighted the importance of carefully balancing rights protections with practical enforceability.

Environmental courts: Innovation or costly complexity?

Proposals for a dedicated environmental court or tribunal divided opinion.

A strong case was made in favour of the proposals, claiming that specialist courts could improve access to justice and provide expertise in complex environmental cases.

However, concerns were widely shared about cost, duplication and for the need evidence of demand and justification for these specialised courts.

It was confirmed that the Scottish Government does not currently support the proposals, preferring to improve efficiencies within existing structures, with other parties echoing similar reservations.

The Lord Advocate’s dual role

One of the most constitutionally significant discussions centred on the dual role of the Lord Advocate as both chief legal adviser to the government and head of the prosecution system.

There was strong support expressed on the panel – at least in principle – for separating the roles, citing concerns about perceived conflicts of interest and the need for transparency and public confidence. However, there was also acknowledgement of the complexity of reform, including the need to amend the Scotland Act 1998.

Siobhian Brown MSP defended the current system’s safeguards but accepted that the issue remains under active consideration.

Legal aid and access to justice

There was complete consensus on the urgent need to reform legal aid.

Across the panel there was recognition that the system is under strain, financially and structurally. There were calls for increased funding and a comprehensive review, within the context of support for victims and practitioners.

Recent efforts to improve the system through secondary legislation and proposed annual reviews of legal aid fees were highlighted, but so was the need for more fundamental reform, including simplifying processes and improving access, particularly in rural areas.

Talent, tax and the future of the profession

The final discussion turned to the legal profession itself, particularly concerns about talent leaving Scotland on account of the income tax system.

Whilst it was suggested that Scotland’s tax rates may be a contributing factor, most acknowledged that the issue is more complex – encompassing working conditions, long hours and structural barriers, particularly for women.

A system at a crossroads

The Justice Hustings made one thing clear: while there is broad agreement on the challenges facing Scotland’s justice system, there is far less consensus on how to solve them.

Legal aid reform, access to justice, and institutional trust will remain central battlegrounds in the coming years. With commitments made – and questions still unanswered – the next Scottish

Parliament will play a pivotal role in shaping a system that many agree is in urgent need of renewal.

As the event closed, the Law Society’s Director of Law Reform Michael Clancy noted the complexity of justice reform and its importance to Scotland’s future, and how events such as these are an important part of a healthy democratic process.