§ Mrs. Ewingasked the Secretary of State for Scotland if he is aware that in the case of 25 per cent. of summary criminal cases and 50 per cent. indict- 400W ment cases the maximum fees laid down in previous legislation have been found to be inadequate after taxation to provide fair and reasonable remuneration for work actually and necessarily done; and if he will now take steps further to increase them.
§ Mr. Ross:The Law Society of Scotland, in a memorandum which it sent me in June, made it clear that, in its view, Section 13 (2) of the Act of Adjournal (Criminal Legal Aid Fees) 1964, which enables fees to be paid to solicitors above the prescribed maxima in exceptional cases, was being excessively invoked; and it has continued to be anxious—as I am—to contain the cost of the Criminal Legal Aid Scheme by limiting the applicability of this particular provision. I do not therefore accept that the very large proportion of cases in which the solicitor's maximum fees have been exceeded indicates that the maximum fees (not including outlays) of £47 5s. in summary proceedings in the sheriff court and £78 15s. in solemn sheriff court and High Court proceedings (with a sizeable addition if the trial lasts more than one day) are inadequate; nor have I any plans for proposing to the High Court of Justiciary that they should be increased.