The Chief Executive of the Law Society of Northern Ireland, David Lavery, has called for urgent action to address the ongoing crisis in legal aid, warning that the system is on the verge of collapse. Speaking before the Justice Committee on 13 February 2025, Mr. Lavery welcomed the recently announced Enabling Access to Justice programme but cautioned that immediate measures are needed to prevent irreparable harm to access to justice for Northern Ireland’s most vulnerable citizens.
Three years ago, the Law Society warned of the emerging crisis due to the failure to update legal aid fees, resulting in what Mr. Lavery described as "legal aid deserts," where individuals in need of legal assistance struggle to find representation. Despite repeated warnings to government officials, meaningful action has only now been proposed.
“The Enabling Access to Justice programme is a step in the right direction, and we look forward to engaging constructively with the Department of Justice,” said Mr. Lavery. “However, the reality is that the legal aid system is already at breaking point, and without immediate intervention, the damage may be irreversible.”
Mr. Lavery referenced the independent report by Hook Tangaza Consultancy, commissioned by the Law Society of Northern Ireland, which demonstrates that criminal legal aid practice is no longer financially viable. The report highlights the risk of ‘supplier failure,’ as solicitors are increasingly unable to afford to take on legal aid cases.
Brian Archer, Pearse MacDermott and Peter O’Brien joined David Lavery before the Justice Committee where they also expressed concern over the Justice Minister’s response to this crisis. “The 16% increase in fees is welcome, but it must be applied to all cases currently in the system. Solicitors should not have to wait months or years to see any benefit from this change,” Mr. Lavery said. “Moreover, Judge Burgess’ recommendation was clear: this increase was to be an interim measure, pending a full, independent review of legal aid fees across the board. The Minister must commit to this review without delay.”
In closing, Mr. Lavery outlined the Law Society’s key demands:
- The immediate application of the 16% legal aid fee increase to all cases currently in the system.
- A firm commitment to a comprehensive, independently led review of all legal aid fees.
- An urgent independent review of legal aid for family cases.
“The Department of Justice has taken three years to acknowledge this crisis, and we cannot afford further delays,” Mr. Lavery concluded. “We urge the Minister to act now to prevent the collapse of the legal aid system and safeguard access to justice for all."
The full Committee for Justice meeting from Thursday 13 February 2025 can be found on the Assembly.tv website.
