Unprecedented payment delays risk access to justice for all

The Chair of the Bar of Northern Ireland has welcomed comments regarding timely payment of the legal profession made by the Lady Chief Justice in her Opening of Term Address this week.

Moira Smyth KC said:

“In her address, the Lady Chief Justice spoke of the budgetary pressures faced across the justice system and the significant risk to the delivery of the administration of justice including the timely payment of the legal profession.

“The budget for Legal Aid in Northern Ireland has fallen significantly behind the level of public need and demand for legal advice and representation. We are now reaching a cliff edge in terms of Legal Aid payment times and rates
to barristers and the Bar is considering an extended range of options in response.

“Whilst acutely aware of the overall budget position across public spending in Northern Ireland, the Bar Council believes that a crisis point has been reached in the context of an increased workload, as courts strive to speed up justice and address the Covid related backlog of cases.

“The Bar strongly supports this policy of increased court activity and has consistently advocated for measures that enable improved access to justice. However, any such policy must be adequately funded by government and the Department of Justice’s decision to limit the money that it will pay out for work done by barristers this year by slowing down payments for work already done is unacceptable and likely to cause real hardship for junior barristers in particular.

“Publicly funded legal services exist to help the most vulnerable citizens in our society who face the most challenging of circumstances. They deserve to be spared the added concern and potential delay that would inevitably arise if the service they depend upon is no longer viable due to under-funding.

“In choosing to apply payment delays as a budget management measure, the Department of Justice is placing barristers in a wholly unsatisfactory and unprecedented position whereby they, rather than the public purse, are effectively funding the delivery of a vital demand-led public service which is at the core of access to justice.

“Lawyers performing this work are relied upon by their clients and make an important contribution to society and the local economy. The Department’s policy is creating real and repercussive economic challenges for legal practitioners across the region, especially younger and female barristers who are particularly exposed to cashflow pressures.

“While payment delays and stagnant fees have been an issue for practitioners for some time now, these unprecedented payment delays, which will result in several further months without payment, now present a risk to the viability of legal aid as a public service.”

Moira Smyth KC concluded:

“The very future of publicly funded legal services is at risk and the Bar of NI is prepared to challenge the generational harm that will be inflicted upon our legal and justice system.”

ENDS

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