10 September 2024
Law Society Calls for Independent Review of Civil Legal Aid
Law Society Calls for Independent Review of Civil Legal Aid to Prevent "Legal Advice Deserts" in Northern Ireland
The Law Society of Northern Ireland has called for an urgent independent review of Civil and Family Legal Aid at a recent meeting of the All-Party Group on Access to Justice.
At the meeting of the All-Party Group which is co-sponsored by the Law Society of Northern Ireland and the Bar of Northern Ireland, Brian Archer, Senior Vice President of the Law Society of Northern Ireland, emphasised the crucial role solicitors play in ensuring vulnerable individuals can access justice through Civil Legal Aid.
Mr Archer warned, however, that this essential system is at risk of collapse due to decades of stagnant fees, rising business costs, and delayed payments.
Commenting he said
“Solicitors are at the frontline of providing access to justice for the most vulnerable in Northern Ireland but the system is failing them due to chronic underfunding and an outdated fee structure.
Without immediate action, we are facing a future where ‘legal advice deserts’ become the norm, depriving those most in need of essential legal support."
Despite substantial evidence demonstrating the social and economic benefits of investing in Legal Aid, the budget remains significantly underfunded and unable to meet current demand. The Law Society underscored the risk that continued neglect poses to access to justice across Northern Ireland.
The Society also highlighted to MLAs the existing barriers around accessing Civil Legal Aid, including outdated income and capital eligibility thresholds which have not been revised since 2009 and 1992, respectively.
These outdated thresholds leave many individuals unable to secure legal representation. The Law Society urged immediate steps to align financial eligibility for Legal Aid with Passport State Benefits to close this growing "Access to Justice Gap."
Sonya McMullan, Regional Services Manager at Women’s Aid, echoed these concerns and pointed to the specific challenges faced by victims of domestic abuse when attempting to access Legal Aid. She highlighted the low uptake of the Legal Aid Waiver as further evidence of the obstacles preventing those most in need from securing justice.
In light of these pressing concerns, the Law Society called for an Independent Review of Civil and Family Legal Aid to be conducted urgently.
This review must prioritise setting fees at sustainable levels, revising eligibility criteria, closing the Access to Justice Gap, and ensuring the long-term sustainability of the legal aid sector.
Commenting Brian Archer said
"An independent review is not just necessary; it is critical to safeguard the future of access to justice in Northern Ireland. MLAs must act now to prevent the collapse of a system that underpins fairness and equity in our society.”