Bar of Northern Ireland Expresses Disappointment Over Legal Aid Reforms
Justice Minister Naomi Long announced to the Northern Ireland Assembly that she has accepted a recommendation for a 16 percent interim increase in criminal legal aid fees, to be implemented promptly. She also indicated that a similar uplift would apply to civil legal aid, citing the need for fairness across the profession.
However, the minister faced criticism for the prolonged delay in publishing the findings of the independent review led by retired judge Tom Burgess. The delay had previously prompted industrial action from the Bar and condemnation from the Law Society.
Ms. Long also introduced a new reform initiative, the “Enabling Access to Justice” programme, with a delivery plan set to be released for consultation next week.
In response, Donal Lunny KC, chair of the Bar Council, stressed that stabilizing the legal aid system should be the Department of Justice’s top priority. He highlighted the system’s risk of collapse due to chronic underinvestment and statutory failures to review remuneration.
“Barristers in both civil and criminal practice are working beyond capacity to address post-Covid delays and expedite justice for all court users,” Mr. Lunny said. “Yet, the justice minister’s statement failed to acknowledge the ongoing access to justice crisis.”
Mr. Lunny also criticized Ms. Long for omitting references to the Criminal Bar Association’s ongoing withdrawal of services and the significant payment delays practitioners face. Currently, criminal barristers are refusing Category A cases, including trials for murder and serious sexual offences.
While welcoming the interim fee increase, Mr. Lunny argued that it falls short of adequately addressing the issue. “This partial uplift will neither restore fees to sustainable levels nor prevent erosion by other planned reforms. It is merely a temporary fix for a deeper problem,” he said.
He also raised concerns about the Department’s ability to achieve its stated ambitions for legal aid reform, warning that the proposed changes could undermine the independence of the legal profession and judiciary in Northern Ireland.
The Bar further accused the minister of selectively adopting recommendations from the Burgess review and unnecessarily duplicating regulatory scrutiny of the legal profession, which could compromise the role of the taxing master.
In a debate at the Assembly, Ms. Long compared Northern Ireland’s per capita legal aid spending to other regions. She cited figures for 2022-23, with Northern Ireland spending £67 per adult compared to £37 in England and Wales, £26 in Scotland, and £20 in the Republic of Ireland.
However, Mr. Lunny criticized the presentation of these figures, arguing that they lacked context. He noted that Northern Ireland’s higher socio-economic challenges directly correlate to increased public expenditure in several areas, including legal aid.
Despite these criticisms, Mr. Lunny reaffirmed the Bar’s commitment to working collaboratively with the Department of Justice on evidence-based reforms that enhance access to justice and protect the independence of the legal system. He urged the Department to abandon what he described as “ideologically-driven policy experimentation” and instead commit to meaningful and constructive consultation.
