MSPs back urgent action and fee uplift to restore legal aid

The Law Society of Scotland is encouraged by the strong multi-party support for legal aid voiced by MSPs during a debate in the Scottish Parliament.

The need for urgent action was repeatedly stressed on Tuesday, 6 January 2026 as MSPs debated a recent report on civil legal aid by the Equalities, Human Rights and Civil Justice Committee.

Law Society of Scotland President Patricia Thom said after the debate: “We are reassured to see such strong support for the legal aid system across the political spectrum. While the focus of this report is civil legal aid, urgent action is needed to restore both civil and criminal legal aid provision in Scotland.”

As the debate began, the Committee’s Convener, Scottish National Party MSP Karen Adam, told Parliament measures announced by the Scottish Government to date are welcome but don’t address the main problem.

Ms Adam said: “We were told that shortages in legal practitioners were primarily attributable to the low rates of fees for solicitors for legal aid work and that increasing those rates would have a significant impact on the availability of legal practitioners. There appeared to the Committee to be a clear link between low fee rates and the lack of availability of lawyers willing to undertake legal aid work.”

Minister for Victims and Community Safety Siobhian Brown outlined the Scottish Government’s actions to date and said they are committed to reform to ensure a fair and sustainable legal aid system.

Ms Brown said: “We have established the Independent Fee Review Mechanism Group to examine what changes are needed to create a legal assistance system for the 21^st century. This group will play a crucial role in shaping a fair and sustainable fee structure that supports both access to justice and the viability of legal aid work.”

Scottish Conservatives MSP Tess White said the system is no longer fit for purpose: “Solicitors are leaving legal aid work and those who remain face rising case loads, financial insecurity, stress and burnout. The pressure on these professionals is intense, and the consequences are borne by the most vulnerable in our society.”

“Time and time again we heard that SLAB’s bureaucratic processes and poor engagement are a major barrier to both offering and accessing civil legal assistance. Administrative requirements were described as burdensome, disproportionate and damaging to the relationships with the legal profession.”

Scottish Labour MSP Katy Clark said: “We’re all aware of many constituents who have been unable to get legal representation when they need it and we agree with the Convener that it’s very disappointing that there will be no primary legislation this parliamentary session.

“Scottish Government spending on legal aid has declined by 45 per cent over the past decade. We’re clear that there must be an end to the cuts to legal aid and the system must receive sustainable funding.”

Scottish Greens MSP Ariane Burgess said: “In my region people are not choosing to self represent, they’re being forced to. Single migrant parents, disabled people and survivors of domestic abuse can spend months trying to find a legal aid solicitor only to be told again and again that nobody is available.”

Scottish Liberal Democrats MSP Liam McArthur said: “This review represents a vital first step in the much-needed reform of our legal aid system, but it must be followed by action. I commend the Equalities Committee again for setting us on the road to that reform.”