Representatives from the Law Society of Northern Ireland recently raised concerns before the NI Assembly’s Justice Committee regarding proposed reforms to Taxation in Legal Aid cases within the Justice Bill.
Appearing before the Committee, Eoghan McKenna (Junior Vice President and Chair of the Access to Justice Committee) and Janice Spence (Member of the Family Law Committee) highlighted the importance of preserving the current independent Taxation process and warned against reforms that could undermine access to justice and the sustainability of Legal Aid practice.
Following previous representations made to the Committee, the Society welcomed confirmation that Clause 28, which sought to curtail the role of the Taxing Master in Legal Aid cases, will be removed from the Bill. However, representatives cautioned that the new proposed Clause 27A raises uncertainty, particularly given the lack of detail regarding how future remuneration rates would be determined.
In evidence to the Committee, an explanation was provided of how the Taxation process currently works from the perspective of solicitors, emphasising that it is already thorough and evidence-based, with appropriate oversight and safeguards in place to protect the Legal Aid fund.
During the session, concerns were expressed that the new Clause 27A would transfer responsibility for setting Legal Aid rates from the independent Taxing Master to the Department of Justice, despite limited information currently being available on how future rates would be set. Mr McKenna warned that this would create inconsistency and uncertainty and risked discouraging solicitors from undertaking Legal Aid work.
Ms Spence also stressed the importance of uplifts in complex and sensitive cases, particularly within family law, where practitioners regularly represent vulnerable children and families facing difficult circumstances. She warned that restricting uplifts or introducing rigid fee structures could undermine the financial viability of Legal Aid work, particularly for smaller firms already operating under significant financial pressures.
The recording of the full meeting can be found on the Assembly.tv website.
