Isles MSP Donald MacKinnon has secured a commitment from the First Minister to take another look at the case of Scottish Legal Aid being awarded to fund a court action against Bernera Community Association.

The community group is facing hefty legal expenses after a Bernera resident launched legal action following her dog being barred from the cafe in their community centre.

During First Minister’s Questions yesterday (Tuesday, 1 September), the Isles MSP shared his concerns and won a promise from First Minister John Swinney to look into the matter.

Mr MacKinnon asked the First Minister: “Does the First Minister share my concerns about the award of legal aid in this case and has this prompted any discussions within his government about the legal aid process?”

Mr Swinney replied that he would have to look at this specific case that was being raised by Mr MacKinnon, as he was not directly familiar with it – but pointed out parliament sets the framework within which legal aid works, and could review it.

He said decisions about legal aid were "obviously taken within the legislative framework independently by the Scottish Legal Aid Board". 

But he added: “Now, obviously a parliament legislates for the framework within which the Scottish Legal Aid Board works. If there are issues arising out of a particular case of the nature that Mr MacKinnon has raised, and obviously Parliament has the opportunity to reflect on that.

“But if Mr MacKinnon would care to write to me with details of his concerns, I will have them explored to satisfy myself that the Scottish Legal Aid Board has properly pursued the correct approach in the awarding of legal aid in this case.”

As of the weekend, an online appeal had brought in in excess of £50,000 to help the community association fight their legal battle amid fears the local charity could go bankrupt.

The woman behind the case, Claire Kellerman, has claimed “I’m Scottish” due to her ancestry. But it appears, however, that she was born and raised in California. 

She is taking Bernera Community Association to court because her “assistance dog” was barred from the cafe in the community centre, which is run by the community association.

Ms Kellerman is the adopted daughter of Oscar-nominated actress Sally Kellerman, ‘Hollywood royalty’ who played ‘Hot Lips Houlihan’ in the original MASH movie.