Bar responds to review of criminal legal aid announcement

David Mulholland, Chief Executive of the Bar of NI, has responded to the announcement of a fundamental review of criminal legal aid from the Department of Justice, highlighting the societal importance of legal aid and the difficulties faced by legal practitioners in accessing timely payment for work already completed.

David Mulholland said: “Legal Aid exists to help the most vulnerable citizens in our society to access legal services, supporting them in difficult matters that they could not face alone. Lawyers performing this work are skilled and dedicated professionals who are relied upon by their clients to provide advice and representation.

“This Review comes at a time when the budget for Legal Aid in Northern Ireland has fallen significantly behind the level of public need and the necessary public policy of speeding up justice. The Bar Council has been consistently warning over the past two years that Legal Aid is rapidly reaching a crisis point.

“Rates for Legal Aid work have, when adjusting for inflation, plummeted by between 47%-58% since 2005. The Department of Justice has a statutory obligation to review fees every three years, but these reviews have not been undertaken. Added to this, the Department of Justice has initiated a policy of limiting the money it will pay to barristers and solicitors for work already done.

“This has resulted in an unprecedented and unsustainable position whereby lawyers, unlike other providers of services to government, are expected to wait several further months before receiving payment for work they have already completed. In effect, legal professionals are being forced to fund the delivery of this vital, demand led public service, rather than the public purse.

“If publicly funded legal services are to remain viable and address the needs of our society, it is evident that the system needs urgent attention. This Review creates an important opportunity to highlight, through a respected independent advisor, how the system can be restored so that it delivers meaningful access to justice.

“The Bar welcomes this opportunity to engage in these important issues and looks forward to presenting the positive case for sustainably investing in access to justice and the positive social benefits that Legal Aid can deliver. However, in the absence of an Assembly and Executive, it remains unclear if or when the recommendations of the Review will be implemented.

In the meantime, whilst awaiting the wider ranging outcomes from the Review, the Bar will therefore continue to press the Department of Justice to meet its already overdue statutory obligations and to stop its unreasonable and unsustainable reliance on dedicated legal professionals to be the credit facility for this vital public service. ”

ENDS

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Sinead McIvor - 07701 302 498