THE Scottish Government is currently considering a review of the Scottish Legal Aid system carried out by Martyn Evans. His review recommends a further look at the level of certain Legal Aid payments (but by no means all). We support his proposal. Increases would be easily affordable – he observes that over a 10-year period there will be projected savings of £75 million.

In our view this review of Legal Aid payments should include another look at payments for a range of matters including immigration, asylum and housing. These are among the areas covered by Legal Aid where the payments are simply not commercially viable (in effect less than £50 per hour for attendances with clients and nothing at all for legal research).

Our view is highlighted by the catastrophic treatment of the “Windrush Generation”, who have suffered huge disadvantage over a number of years as a consequence of the Home Office’s “hostile environment” policy.

The Law Society (of England and Wales) has commented that the injustices that they have suffered were intensified by deep cuts to Legal Aid by the Coalition Government that deprived individuals of vital advice, assistance and representation over their residential/immigration status at the time they most needed it: to manage the huge complexities of government policy. In summary, all immigration work except asylum or people in immigration detention has been cut in England and Wales.

Those cuts were implemented by the Legal Aid Sentencing and Punishment of Offenders (LASPO) Act 2012. As a consequence there was a dramatic decline in England and Wales of immigration Legal Aid. In 2012 to 2013, Legal Aid for immigration was granted to 22,496 cases: by 2016 to 2017 that number had fallen to 3 (the latter under the exceptional cases system).

Other commentators have observed that the community activists who had, with great foresight, taken up the defects to Grenfell Tower before tragedy struck would have had more prospects for success (which of course is a matter of speculation) had Legal Aid for disrepair issues been easily available in England.

Of course, we in Scotland can be proud of our Legal Aid system. As Martyn Evans comments in his review: “Scotland is one of the leading jurisdictions in Europe in the provision of Legal Aid judged by scope, eligibility and expenditure per capita. Internationally… the Legal Aid programme is also recognised for its independence from Government.”

We agree with this, broadly, although in some cases the contribution by clients can be unaffordable whilst in many areas the payments to lawyers is far too low.

Windrush and Grenfell illustrate some of the issues that can arise should Legal Aid either be cut or allowed to “wither on the vine”. The latter is currently a risk in Scotland. We call on all lawyers, policy makers and those concerned by the circumstances of the most vulnerable to support a review of Legal Aid rates that makes sure that vital services can indeed be provided in a financially sustainable fashion.

Paul D Brown,

Principal Solicitor, Legal Services Agency Ltd,

Fleming House, 134 Renfrew Street.

NEWS of £36m funding to support walking and cycling announced by Transport Minister Humza Yousaf is to be welcomed ("Cycle route cash doubles", The Herald) albeit part of an £80m funding pot already allocated.

Far too often, we experience how sharing roads among pedestrians, cyclists and motorists leads to unwanted collisions that could have been prevented had the road conditions and visibility been better. Therefore, we support separating pedestrians, cyclists and motorists through an expansion of the network of walking and cycling paths across Scotland.

We would like to stress, however, that measures like these will not singlehandedly lead to safer roads. The road mentality in Scotland still favours the motorist over more vulnerable road users, which presents a huge barrier to more people taking up active lifestyles. More needs to be done to change our road culture fundamentally for people in Scotland to feel safer regardless of their means of transportation, ultimately empowering them to lead healthier and more active lifestyles. Perhaps it is time we started to beat the "presumed liability" drum once again?

Brenda Mitchell,

Senior Partner, Road Traffic Accident Law (Scotland) LLP,

83 Princes Street, Edinburgh.