CONTROVERSIAL plans to introduce lower legal aid fees for solicitors acting in appeals have been rejected by Holyrood's Justice Committee.

The proposals for lawyers acting in the Sheriff Appeal Court had prompted threats of a widespread boycott of the new court, which is being set up in a bid to alleviate pressure on the High Court where summary appeals are currently dealt with.

As part of the plans, the Scottish Government proposes a fee structure where solicitors receive £27.40 for a half hour appearance, when it would currently attract a payment of £171.10 for those involved.

Legal bodies claimed the proposals were "insufficient" and "not commercially viable" and, in an unusual step, the Justice Committee yesterday voted against them by five votes to three.

The decision was welcomed by the Law Society of Scotland who claimed the move could have a significant impact on access to justice.

Society president Christine McLintock said: "The proposed rates of legal aid funding for the Sheriff Appeal Court would mean it was uneconomical for solicitors to carry out this type of work.

"This would have an enormous impact on access to justice and, had the regulations been passed, we believe they would severely disadvantage people appealing either a conviction against them or an unfair sentence, with the danger being that increasing numbers of unrepresented appellants attempt to reverse a judicial decision on their own."

However despite the rejection by the committee, the Scottish Government - who are now "considering their options" - could still attempt to get the regulations passed by opening them up to a full chamber vote.

Bar associations in Glasgow, Edinburgh and Falkirk have all threatened to boycott the court if the regulations are passed - a move which would throw up further problems for the Government even if they manage to get the proposals passed.

Ross Yuill, president of the Glasgow Bar Association, said: "This was a brave and unexpected decision by the Justice Committee and we are grateful to them for for taking on board our response and our concerns about these regulations."

He argued that solicitors do not want a boycott, but feel like they have to "draw a line in the sand" on this issue given that the fees are at a rate introduced in 1992.

Edinburgh Bar Association president Stephen Mannifield said the boycott threat still stands if the regulations are pushed through by another means, adding: "The position is very uncertain at the moment and given that the new court's due to start next week, there's not a lot of time."

The proposals also throw up issues for solicitor advocates as they are currently paid at a higher rate for appearing in the High Court in such appeals, whereas once they are being heard at sheriff court level, they will be paid the same as regular solicitors.

Mr Yuill added that it will also create an "inequality of arms" as solicitors - who have not had to argue in complex appeal cases before - will have to face senior prosecutors.

The Law Society said it is committed to engaging with the Scottish Government and Scottish Legal Aid Board "as a matter of urgency".

The new court is due to begin hearing cases on September 22.

The Scottish Government said it is "currently considering options", however refused to reveal what those options were.

Paul Wheelhouse, minister for Community Safety and Legal Affairs, said: "Throughout this process we have been committed to providing access to justice for all those appearing in the new court and ensuring appropriate remuneration for legal professionals for their work.

"This remains our aim and we believe the regulations, combined with assurances around sanction for counsel, deliver equality of arms and access to high quality representation."