Kenneth Waddell, President of the Glasgow Bar Association asks a few pertinent questions ahead of the group's Annual General Meeting.

The comments of the recently departed Vice Convener of the Law Society of Scotland’s Criminal Legal Aid Negotiating Team, Ian Bryce, in respect of PDSO court duty allocations has prompted me into further comment.

At the Glasgow Bar Association AGM this evening, I will demit office after a very busy year as President. 12 months ago the burning issue for criminal practitioners centred on the anticipated negotiations and any proposals relevant to budget cuts.

The history is known of last minute production of information to the Society, hurried and private meetings with insufficient consultation and dialogue between solicitors delivering services and those engaged in negotiations. Part of the outcome was the, “35%” PDSO court duty allocation.

Glasgow and one or two other areas were singled out for implementation in a manner different to other jurisdictions “cherry picking” of the higher value work every weekend! The manner in which SLAB/PDSO have organised the PDSO staffing for duty weeks is, in my opinion, anti-competitive and falls foul of legislation. What is more worrying perhaps is that I spent 6 months writing to SLAB regarding the need for statistical information demonstrating the actual number of cases ultimately processed by the PDSO solicitors whilst on duty and the financial figures relevant to those numbers in order that a proper evaluation could be undertaken. The sharing of this information was something I was repeatedly told would be forthcoming. I was, on at least two occasions, given dates by which time I could expect to receive the information.

By August I had stopped writing to SLAB.

At a GBA/SLAB meeting in August this year I raised the matter again with Mr Montgomery and Kingsley Thomas. Whilst acknowledging the detailed work that has to go into compiling the statistical information it was apparent, at that meeting, that they had initial figures available and were working on them and, thankfully, we were advised that we should have these figures within the next couple of weeks.

So here I am, 3 months later about to demit office and I have not had a single piece of relevant statistical information provided on this topic, from SLAB during my entire term as President.

I put a heading on this piece which would allow the reader to draw their own conclusion as to what SLAB will produce when they talk to solicitors.

While I will remain active on the Executive Committee of the GBA, I caution the incoming President and the new Committee to consider engaging in less waste of time discussions with quasi governmental bodies such as SLAB, provided, unless and until they follow through with the provision of available information, in meaningful formats, timeously rather than empty rhetoric and meaningless conversations.

Kenneth J Waddell
PRESIDENT, GBA