Paul McBride QC, Susan McPhee, Elaine Rosie, Ellen Morton.

Transcription

1 THE SCOTTISH LEGAL AID BOARD MINUTE OF MEETING OF THE SCOTTISH LEGAL AID BOARD HELD AT 1.30PM ON MONDAY 20 JULY 2009 AT 44 DRUMSHEUGH GARDENS, EDINBURGH Present: In attendance: Iain Robertson, Chairman Graham Watson David Nicol Graham Bell QC Denise Loney Kenneth Ross Les Campbell Joseph Hughes Lindsay Montgomery, Chief Executive Andrew Menzies, Director of Corporate Services and Accounts Colin Lancaster, Head of Policy and Development Ian Middleton, Director of Audit and Compliance Tom Murray, Director of Legal Services and Applications Catriona Whyte, Head of Legal Services - Civil (item 13 only) John Osborne, Development Officer, Policy and Development (item 14 only) Marie-Louise Fox, Legal and Policy Support to the Chief Executive Stuart Foster, Board Administrator 1. APOLOGIES FOR ABSENCE Paul McBride QC, Susan McPhee, Elaine Rosie, Ellen Morton. 2. DECLARATIONS OF INTEREST No interests not previously registered in the Register of Board Members Interests were declared. 3. DRAFT MINUTE OF MEETING HELD ON 15 JUNE 2009 The draft minute of the meeting of 15 June 2009 was approved. 4. DRAFT MINUTE OF THE LEGAL SERVICES POLICY COMMITTEE HELD ON 22 JUNE 2009 The draft minute of the Legal Services Policy Committee held on 22 June 2009 was noted. 5. DRAFT MINUTE OF THE LEGAL SERVICES CASES COMMITTEE HELD ON 22 JUNE 2009 The draft minute of the Legal Services Cases Committee held on 22 June 2009 was noted. 6. CHAIRMAN S INTRODUCTION The Chairman reported that the appraisals of members, the Chief Executive and Directors had been completed. Board minute 20 July

2 Staff had recently responded to a number of FOI requests regarding the Chairman and Chief Executive s expenses. 7. CHIEF EXECUTIVE S UPDATE Members considered a report by Lindsay Montgomery updating them on matters of interest since the previous Board meeting. He reported that, following discussion with some MSP s offices, they had advised that, in general, hard copies of public bodies annual reports submitted to MSPs went unread and were recycled. They tended to look for information on websites. Consideration therefore is needed to be given to the most cost-effective way of communicating the content of the Annual Report in future, and in particular, communicating with MSPs. 8. ANNUAL ACCOUNTS 2008/09 Members considered a paper presenting the Board s Statement of Accounts for the year ending 31 March This comprised the paper provided to the Audit Committee earlier in the day in relation to the Accounts, and the Accounts themselves. The accounts were those after the completion of the Audit, and reflected any changes suggested by the Auditors. A note explaining minor amendments to the accounts agreed since the issue of the paper had been circulated. It was reported that the Audit Committee had agreed to recommend to the Board and the Accountable Officer that the Accountable Officer sign the accounts. The Audit Committee had also considered reports from KPMG Scotland on the 2008/09 Audit. KPMG would issue an unqualified audit opinion. The Audit Committee also had a copy of the draft Letter of Representation. When satisfied with the terms of the draft management representation letter, the Chief Executive as Accountable Officer would sign and circulate it to Board members for information. It was AGREED: on the basis of the satisfactory recommendation from the Audit Committee, to recommend to the Accountable Officer that he sign the accounts, make the arrangements for their publication in the Board s Annual Report, and for their submission, through KPMG, the Auditor General and Scottish Government, to the Scottish Parliament. ACTION: LM/AM 9. ANNUAL REPORT FROM AUDIT COMMITTEE Members considered a paper by the Convener of the Audit Committee reporting on the activities of the Audit Committee over the past year. In accordance with guidance contained in the Scottish Government s Audit Committee Handbook, the report included, amongst other things, a checklist for self assessment by the Audit Committee. It was noted that the Chairman and Chief Executive had expressed their, favourable, views on the Committee s effectiveness at its meeting earlier in the day, and that the Committee had approved its self assessment checklist. Members noted the report. Board minute 20 July

3 10. PANDEMIC FLU PLANNING Members considered a paper reporting on the contingency planning that had been undertaken in relation to the pandemic flu outbreak. The Board had established a robust flu pandemic contingency plan to minimise the risk of significant staff absence compromising its ability to maintain either a system of legal aid administration or adequate sources of legal advice and representation for the public. This plan would be kept under review, with the particular aim that it should align well with plans that emerge from other Justice agencies and from the profession at large. 11. OPERATIONAL PLAN UPDATE Members considered a paper reporting on progress in the first quarter against the Operational Plan It was noted that very good progress had been made against the Operational Plan in the first quarter. The next quarter would be a busy period with a number of consultations to be issued and the allocation of grants for the grant funding programme. The Board was relying on the Scottish Government to develop and implement regulations, particularly in relation to fees and the transfer of solemn legal aid. A planning meeting with the Board s sponsor department from the Scottish Government had been held on 8 July 2009 and reached agreement on planning processes and how to take forward the large joint programme of work. 12. REVIEW OF DE-REGISTRATION AND SECTION 31 PROCEDURES Members considered a paper concerning a proposed revision to the de-registration procedures invoked in cases of non-compliance with the Code of Practice for criminal legal assistance. The review had been informed by the Law Society s procedures for Section 31 cases, which, on the advice of Senior Counsel, included provision for the solicitor to have an oral hearing. In discussion, consideration was given to the advisability of including provision for the holding of an oral hearing in the revised de-registration procedures. The Law Society hearings procedure was adversarial in nature and allowed for personal representation; the Board s deregistration procedures were non-adversarial and were based on written representations. It was therefore unclear if the opinion of counsel on which the Law Society had based their procedures was fully relevant for the Board s purposes. Consideration was also given to how a current proposed deregistration, in which a hearing had been requested, should be dealt with in light of this. After discussion, it was AGREED: the solicitor concerned in the current proposed de-registration be granted a hearing with the Executive Team, with the Executive Team to consider and recommend to the Board whether it should agree to a hearing and how this might be conducted. Board minute 20 July

4 counsel s opinion be sought on how the Board should operate the hearings procedure in terms of the revised de-registration procedures, revision of which was to be deferred pending receipt and consideration of the opinion; to include quality assurance outcomes as factors to be taken into account in paragraph 2 of the proposed de-registration procedure. ACTION: IGM/TCM 13. REVIEW OF REASONABLENESS TEST Members considered a paper which set out proposals in relation to the application of the reasonableness test in assessing whether it was appropriate to make civil legal aid available at the outset of a case and throughout its lifetime. The proposals had been considered by the Board s Legal Services Policy Committee at its meeting on 22 June, when a number of the proposals designed to improve the operation of the test had been agreed. Since introduction of a requirement for applicants to show they had attempted to locate a solicitor prepared to undertake their case on a no win no fee basis would be a significant change to the Board s approach, it had been agreed this issue in particular should be the subject of consultation and be referred to the Board for consideration. Consideration had also been given to a recommendation that legal aid funding should be regarded more as a funder of last resort and that applicants should be required to show that they had attempted to find alternative funding including no win no fee where this was appropriate to the case. It was considered by the Committee that this issue should be referred to the Board. The Board supported the changes to the application of the test as agreed by the Policy Committee. In particular strengthening the prospects of success. It was also considered important that solicitors /counsels stated views on the prospects of success should be compared with the outcomes on cases. On the question of applicants being required to show that they had attempted to find alternative funding including no win no fee arrangements it was decided that further consideration of this should await the outcome of Lord Gill s review of Civil Courts. ACTION: CAW After discussion, it was AGREED: subject to strengthening the test on prospects for success by means of a higher threshold and tracking predictions and outcomes, to approve the proposals agreed by the Legal Services Policy Committee at their meeting on 22 June, with the exception of the proposals regarding the no win no fee requirement, further consideration of which should await the outcome of Lord Gill s review. ACTION: CAW 14. ANALYSIS OF SUPPLY OF SOLICITORS Members considered a paper updating the position regarding analysis of current patterns of supply of civil legal assistance. It was noted that there had been a general increase in civil legal assistance work, which was widespread across the country. The rise in activity could be related to either increased need or Board minute 20 July

5 spare capacity in supply; on-going monitoring would determine whether the rate of increase was still accelerating and how it was distributed across the country. Analysis of South Ayrshire and West Dunbartonshire showed that there could be access to justice issues in those areas. It was AGREED: the results of the analysis relating to South Ayrshire and west Dunbartonshire be discussed with the relevant local authorities, advice providers and faculties in order to better understand the issues; the updated results be published on the Board s website. ACTION: CL/HT/JO 15. TRENDS ANALYSIS Members considered and noted a paper summarising legal aid trends for the 12 month period from April 2008 to March OUTCOMES FROM APPLICANT SURVEY Members considered a paper presenting the interim findings from the 2009 Civil Applicant Survey. The overall aim of the research had been to seek the views of civil legal aid applicants as to how the legal aid system was working and to identify areas where the system could be improved. It was noted that the survey results were very positive for the Board and for the legal aid system generally, and in most respects marked a significant improvement on the results of the previous survey in A Project Board had been set up to consider the findings and proposed actions arising would be identified and reported to the Board in August. DATE OF NEXT MEETING: Monday 31 August 2009 The meeting ended at 3.45 pm. Board minute 20 July