The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1669 contributions
Criminal Justice Committee
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
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?
10:45Criminal Justice Committee
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
Meeting date: 6 October 2021
Russell Findlay
Are you exploring or have you explored the creation of a specialist provision within the framework that you already have?
Criminal Justice Committee
Meeting date: 29 September 2021
Russell Findlay
I agree broadly with everything that has been said. As Jamie Greene noted, we are where we are. We were given only a partial picture a week ago and it took the committee agitating for some answers to reveal a much more complex picture. In future, if we can, we should ensure that the authorities with which we are dealing are a bit more forthcoming in respect of such issues, especially when we are on a precipice and there is not much that we can do other than note our concerns.
Criminal Justice Committee
Meeting date: 29 September 2021
Russell Findlay
We should also write to the inspectorate.
Criminal Justice Committee
Meeting date: 29 September 2021
Russell Findlay
Professor Paterson, do you believe that there is any risk that the previous warnings from the Law Society of Scotland over many years—the Law Society being a very effective lobbying organisation—will count against it today? It is a case of crying wolf, perhaps—or that could be the public perception.
Criminal Justice Committee
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
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
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?