Over the last number of months representatives from the Society and the Solicitors Criminal Bar Association (SCBA) have been again engaged in extensive discussions with the Department of Justice in respect of Solicitor Legal Aid remuneration levels and related Access to Justice issues.
Following a meeting yesterday with the Minister of Justice, Naomi Long MLA, and representatives from the Department, I am pleased to confirm that the Minister has agreed to accept all of the recommendations of the recent review and further support other important areas of the legal aid system. She will now proceed to implement:-
• a further 8.66% increase to all criminal, civil and family legal aid fees in addition to the 16% increase effected earlier this year on foot of the 2024 Burgess Review;
• a 26.05% increase to hourly rates for Exceptional Preparation in the Crown Court;
Subject to business cases and funding approvals, the uplifts will be effective from 3rd June 2026. Work on obtaining both financial and legislative approvals has already commenced. It is estimated that the additional payments should be received by Solicitors by early 2027.
It has also been agreed that implementation of a small number of other recommendations from the Accelerated Review of Criminal Legal Aid eg fees for solicitors’ consultations in the Crown Court be deferred pending the gathering of further evidence.
A separate stream of work is also ongoing in relation to a PACE Fees Pilot which should soon see the payment of a significantly increased hourly rate for this important area of work.
Legal Aid is a public service - one as vital to our communities as education and healthcare.
This announcement by the Justice Minister is therefore to be welcomed and will assist the network of solicitors, who provide these crucial legal aid services, to continue to support the most vulnerable and those in need within society.
I wish to take this opportunity to thank the Accelerated Review Team of His Honour Judge Burgess and John Miskelly as well as the Minister and her colleagues for their recognition of the importance of the legal aid services which our members provide.
The proposed fee increases are a step in the right direction. Additional work is required to ensure that legal aid work is sustainable and we welcome the opportunity for further engagement with the Minister and her officials.
A system is required that regularly reviews legal aid fees as appropriate.
Without ensuring that fees keep up with rising costs of doing business, the availability of legal aid Solicitors will continue to shrink, limiting access to the privileged few, undermine Access to Justice and indeed The Rule of Law.
Mark Borland
President, Law Society of Northern Ireland
Legal Aid is a public service - one as vital to our communities as education and healthcare.
