Climate chaos as lawyers stage COP26 protest
SCOTS lawyers are threatening to stage their own protest during the COP26 climate summit in a move that could throw the country’s courts into chaos.
During the Glasgow event, trials will be halted and Saturday courts will run to cater for the expected volume of protesters who might find themselves in custody.
But lawyers, who will be expected to work seven days a week to handle the anticipated surge in arrests, are considering their own action over pay and conditions.
With the country’s courts already overstretched and solicitors increasingly opting out of legal aid work, many remaining taxpayerfunded lawyers plan to refuse to work weekends unless they are properly paid.
At least one protest is due to take place as part of a UK-wide plan, with the biggest set to be held in Glasgow on November 6.
The backlog of criminal cases in Scotland – already expected to take more than a decade to clear – will only increase when most trials are halted for up to three weeks until November 12.
Ian Moir, convenor of the Law Society’s legal aid negotiating committee, who has been campaigning for a rise in Legal Aid fees, said: ‘If the Scottish Government does not agree on an enhanced rate of pay for the extra courts during COP26 solicitors will simply refuse to engage with the difficult and extremely damaging period of unprecedented work. Without legal aid solicitors, there is a very real risk of the system failing to cope.’
David Fisken, vice president of the Glasgow Bar Association, said that without assurances of an enhanced rate of pay, lawyers would consider industrial action.
He said: ‘We would need to look at boycotting the court.’
Neil Martin, president of the Edinburgh Bar Assocation, said: ‘We have grave concerns about our ability to take on the work and it’s not just about remuneration but capacity.’
The conference will take place at the SEC in Glasgow between October 31 and November 12, with thousands of delegates and heads of state expected to attend. The Scottish Court Service anticipates it ‘will attract demonstrations and peaceful protests’ and that, based on previous events, ‘there exists the potential for disruption’.
The number of lawyers paid Legal Aid has fallen each year since 2016, when 2,168 claimed fees.
In the figures for the most recent financial year, the number had fallen to just 1,872.
Lawyers argue payments have effectively been cut, meaning many can already no longer afford to take on these cases.
Police Scotland has said the conference will involve one of the biggest mobilisations of police the UK has ever seen, with around 10,000 officers to be deployed daily.
A Scottish Government spokesperson said: ‘We have been in discussions with the legal profession on appropriate fees that could be applied for COP 26 and the final position will be confirmed as soon as possible.’