Exclusive:'Turmoil' as legal aid board lawyers threaten strike action after changes create 'unprecedented' workload
The GMB union says the rota changes are ‘unreasonable’ and must be reversed.
Lawyers staffing the Scottish Legal Aid Board’s hotline have voted to back strike action, claiming changes to their rotas are risking people’s legal rights.
The 16-strong team of solicitors working at the Solicitor Contact Line voted in favour of industrial action in the consultative ballot which came after claims managers imposed 12-hour shifts and solo working.
GMB Scotland says this puts staff under unprecedented pressure and risks the rights of those who have been arrested.
John McCartney, GMB Scotland organiser for the board, said: “Our members are qualified solicitors working around the clock to ensure anyone arrested gets the legal representation they are entitled to.
“Their work is an essential protection for the legal rights of every Scot and the foundation of our criminal justice system.
“Their work is stressful, challenging and underpins our justice system.
“It is unreasonable to expect a single solicitor to sustain national coverage over a 12-hour shift.
“These are dangerous changes introduced for no good reason and must be reviewed then reversed.”
The union has also written to Justice Secretary Angela Constance to step in and intervene to put an end to the dispute and halt the industrial action.
The Scottish Legal Aid Board staffs a 24-hour solicitor contact line which advises Scots in custody and arranges legal representation.
Until recently this office was staffed by two solicitors responding to calls from officers requesting lawyers for suspects being held at police stations.
Private law firms are then contacted, but if they are unable or unwilling to send a lawyer, one of the board lawyers must travel to represent them in person instead.
However, shift changes mean only one solicitor is now taking calls, which the union says undermines the team’s ability to respond to requests and represent those needing a lawyer.
Mr McCartney added: “There is no operational justification for these changes and there is no evidence of cost savings.
“Managers took this decision despite concerns and imposed it with no consideration of the impact it will have on staff and, more widely, fair access to justice in Scotland’s legal system.
“The clear determination of staff to reverse this decision is no surprise and demands urgent action.”
The Scottish Conservatives’ say the looming strike is the result of years of the SNP government ignoring concerns about legal aid.
Liam Kerr MSP, the party’s justice spokesman, said: “This threat of strike action lays bare just how far those working in the legal aid profession have been stretched.
“Successive SNP justice secretaries have repeatedly ignored the concerns from experts, professionals and victims that urgent investment is needed if victims are to have access to support.
“Victims who are already facing major court delays will pay a heavy price if the SNP do not urgently intervene and ensure this action does not go ahead.
“The system surrounding legal aid is clearly in turmoil, and it falls on the SNP government to sort it out immediately.”
Victims Minister Siobhian Brown said: “Summary case management has so far provided benefits for victims and solicitors and I hope we can work constructively with the Scottish Solicitors Bar Association to ensure their continued support as this is rolled out nationally.
“We value the role of legal aid providers and I recognise improvement is needed to legal aid.
“That is why I have announced action to make the system simpler and easier for both solicitors and those who need legal assistance along with longer-term proposals for funding and improving the delivery of services.
“This includes a review of legal aid fees that will help develop regular assessments to ensure the system remains fair and sustainable and delivers for the public purse.
“Despite extremely challenging financial circumstances, the Scottish Government continues to meet all legal aid costs in full, with expenditure last year of £151 million.
“A further £14.2m has been approved in this year’s budget to meet continuing rising costs.”
A spokesperson for the Scottish Legal Aid Board said: “We have not been formally notified by the GMB Union that they intend to ballot their members employed on the Solicitor Contact Line in relation to potential strike action.
“We will be contacting the GMB officials to seek clarification.”
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