Opinion - Legal Aid move will hit Justice

Opinion Article in Belfast Telegraph

Recently, we learned of the unprecedented proposal from the Department of Justice to address the shortfall in funding the provision of lawyers for the public.

With ill-informed rhetoric, some have misrepresented this as an overdue adjustment to the earnings of privileged lawyers. The involvement and rate of pay for a lawyer in a Legal Aid case is determined by the Department of Justice rather than the individual professional. The average trial fee has fallen by 27% and other fees are set to be reduced by up to 68%. Access to a barrister has dropped dramatically – with representation now only available in 2% of Children’s Order cases in the family proceedings Court being granted.

What has escaped attention is what this action represents in practical terms – namely a further removal from the public of access to appropriate legal help and advice in times of difficulty and need.

This action represents the imposition of a regime concocted in England & Wales, which is widely ridiculed, proven as dysfunctional and damaging to the most vulnerable in society. The Westminster Public Accounts Committee Report on Civil Legal Aid has stated that the true cost of blindly pursuing a pre-determined budget outcome is the denial of justice.

Every day, in our courts, dedicated barristers strive to best represent their client, whether they are facing a careless driving charge, a divorce proceeding, an unfortunate injury, an employment dispute or a child custody hearing. Every day, they make a difference to the lives and welfare of the public. To not recognise these efforts as a public service, worthy of protection, is a gross insult to everyone who relies upon their help.

By seeking to impose an additional levy of 15% on money already due to be paid, the Minister is embarking on a precedent that will undoubtedly strike fear into any private sector service provider to a government department.

We understand and support the need for prudence in a time of economic austerity. The Bar Council has always sought to work collaboratively to reform the justice system to suitably meet the needs of service users now and in the future. The Minister should heed the opinion of the professions to halt these reforms. To do otherwise would be to consciously impose a flawed and harmful system to the detriment of all communities in Northern Ireland.

Yours sincerely

Gerald McAlinden QC

Chairman, Bar Council