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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 22 November 2024
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Displaying 1639 contributions

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Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Russell Findlay

Figures have been reported for how much the policing of COP26 is expected to cost. The most recent one that I have seen is £250 million, which was reported at some point last year. To put that into perspective, it equates to a fifth of the entire Scottish policing annual budget. Can Police Scotland or the SPA tell us what the latest projection is?

10:45  

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Russell Findlay

On a scale of one to 10, how confident are you that it will be agreed by the end of this year?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Russell Findlay

That comes back to the question—

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Russell Findlay

I am sorry to interrupt again, but there is a contradiction between what you and Mr Gray are saying. As I understand it, Mr Gray is saying that NDAs are not compatible with and they have no place in Police Scotland.

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Russell Findlay

That is helpful. I understand the difference between fraud and questionable claims, but some of the language used in respect of those specific cases made it clear that they were fraudulent.

Why did those cases all appear to happen in the past 10 years or so? Was there a problem that we have now fixed or was it simply that the media did its job and identified it? What confidence can the public have that those abuses are not still happening, especially against the backdrop of what the profession is describing as a crisis in legal aid?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Russell Findlay

Thank you. I suppose that my question is addressed initially to Ian Moir, who has already used the phrase “cry wolf”. The Martyn Evans report of 2018 paints a somewhat different picture. It refers to the facts that Scotland has the third highest legal aid spend per capita in Europe and that it funds more cases per 100,000 people than anywhere else in Europe. It refers to the Law Society of Scotland’s Otterburn report. Mr Evans might have been too polite to use the word “spin”, but he points out some of the ways in which that information was presented by the Law Society of Scotland as being somewhat questionable and selective. Is there not a risk that your doomsday warnings of today are very similar to those that we have heard in the past? Indeed, is it not just a question of the market being what it is and, to go back to your point, crying wolf?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Russell Findlay

To go back to my point, nobody is suggesting that there are not problems with accessing justice, but the blunt tool of more money seems slightly jarring. Do you agree with that?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Russell Findlay

I want to ask Mr Lancaster about fraud and abuse of legal aid. By my reckoning, just under £1.9 billion of legal aid has been paid out since the banking crash, and some have found such rich pickings rather tempting. In my previous job as a journalist, I reported extensively on a number of solicitors who committed suspected fraud with regard to legal aid. I will not name names—it is all in the public domain—but it is worth while touching on some of the details.

One particular solicitor claimed £600,000 in two years. The claims were unnecessary and excessive and were made to exploit the legal aid fund, but it still took four years to ban him for making any more claims. Another submitted 81 accounts that were described as fictional and fraudulent, but he was not prosecuted. A third solicitor who claimed £560,000 in one year had a history of such abuse, but, again, it took several more years to strike him off.

Around the same time, we became aware of 14 solicitors, who might or might not have included the three whom I have mentioned, being reported to the Crown Office for similar fraud, but none was the subject of criminal proceedings. As the gatekeeper and guardian of these huge sums of public money, do you know whether similar types of abuse are still happening today?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Russell Findlay

I have the Evans report here—I can quote some of it, if you like. Referring to the Law Society of Scotland’s Otterburn report, the Evans report states:

“Assumptions appear to have been made in the report and notional calculations used to reach the hourly rate”—

for the purpose of a press release—

“rather than figures provided by respondents.”

Mr Evans describes the Otterburn report as

“an admirable attempt by the Law Society of Scotland to quantify the commercial viability of conducting legal aid work”,

but he concludes that there is no evidential basis for raising fees. Do you discount the Evans report in its entirety? Do you recognise that picture?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Russell Findlay

Could I ask two more brief questions, or are we moving on?