Northern Ireland is sleepwalking into a justice crisis
Northern Ireland faces a looming crisis in its justice system that demands urgent attention. The inadequacies in legal aid funding threaten to undermine the principles of fairness, equality, and access to justice that are vital to any democratic society.
As we observe the ongoing challenges faced by the legal sector, it becomes increasingly clear that Northern Ireland is sleepwalking into a justice crisis, one that could have profound and lasting implications for its citizens and the legal profession, writes Patricia O’Lynn, Head of Policy and Engagement at The Law Society of Northern Ireland.
Legal aid serves as the bedrock of access to justice, providing essential support to individuals who cannot afford legal representation. It ensures that everyone who meets eligibility can seek legal representation and defend their rights. Legal aid is particularly important given that it provides a mechanism by which the most vulnerable can access good quality representation and secure a fair hearing of their case. Legal aid also plays a key role in creating a robust justice system. It is one of the pillars of the welfare state and is essential to ensuring public confidence in the administration of justice.
Solicitors play a key role in the administration of justice – yet the importance of the profession is often misunderstood. In addition to providing legal representation and advice to clients, solicitors are an essential part of the local community. Solicitors are the first point of contact for an individual seeking access to justice. They are of critical importance in delivering public benefit, not just in terms of legal advice but also in terms of ensuring equitable access to high quality public services, preservation of the rule of law as well as upholding a central pillar of our democratic system – that justice must be accessible to every citizen, not just the preserve of the privileged few.
From an economic standpoint, the solicitor profession makes a significant contribution to the economy. Work undertaken by legal practitioners through traditional solicitor firms or in corporate legal departments accounts for around 63 per cent of all Northern Ireland’s legal sector activity and was valued at around £460 million in 2019. Solicitor firms are significant employers, not just of legal talent and secretarial staff but also of administrators, finance, and procurement specialists.
Given that solicitors are the lifeblood of the justice system, it is deeply concerning that the sustainability of the solicitor supplier base is now under threat. Years of underfunding coupled with eligibility thresholds remaining unchanged and widespread inefficiencies in the justice system, have forced some solicitors to stop offering legal aid services.
The severity of the situation is encapsulated by the fact that legal aid fees for solicitors have remained unchanged since the 1990s, meaning they are worth a fraction of what they were when they were originally introduced. A survey of legal aid practitioners revealed that between 15 per cent to 35 per cent of time spent on any case would be unremunerated.1
“Given that solicitors are the lifeblood of the justice system, it is deeply concerning that the sustainability of the solicitor supplier base is now under threat.”
Increased demands on the profession coupled with significant aspects of legal aid work being unremunerated makes the viability of legal aid work increasingly untenable. Most solicitor firms in Northern Ireland are small businesses consisting of four solicitors or fewer. In order to survive, small firms need to be profitable, yet rises in inflation, the cost of living crisis, and the substantial increased cost of doing business mean profitability has been eroded. This is an untenable situation for any business and is resulting in legal aid service providers withdrawing from the market.
Access to legal representation is already becoming scarcer as the number of firms in rural parts of Northern Ireland is dwindling.2 For instance, of the 16 firms currently practising in County Fermanagh, two have already ceased to provide legal aid services in recent years. Rural areas are at risk of becoming access to justice deserts. Ultimately, victims and witnesses will pay the price. The challenges presented by inefficiencies in the system and a lack of profitability make general practice less attractive to newly qualified practitioners. This further widens the gap in the solicitor supplier base meaning there is a lack of professionals available to replace an already ageing population of practitioners.
For many solicitors, their work is driven by a deep sense of responsibility to their communities. Numerous professionals in this field express a genuine love for their role, seeing their work as a form of public service. In fact, for many solicitors, the desire to make a positive difference in the lives of others is a motivating factor that supersedes the financial rewards. It is not uncommon for legal aid practitioners to speak of their commitment as fulfilling a societal obligation rather than simply providing a service for hire.
The perception of ‘fat cat’ lawyers is a myth that needs to be debunked. In reality, many solicitors working in legal aid earn modest fees, and the money received rarely covers the full cost of the work involved. Recent events, including strikes and protests by legal professionals, highlight the pressing issues within the sector. These disruptions were framed as ‘premature action’ by the Justice Minister, Naomi Long MLA.3
However, this overlooks the long-standing systemic issues that have been festering within the legal aid system. Equally, the inadequacy of the budget within the Legal Services Agency (LSA) has had negative effects on the profession, as a policy of payment delays to practitioners has manifested a way of managing their budget. It can take between 12 and 16 weeks to pay practitioners for completed work, whilst all other suppliers are typically paid by the LSA within 30 days. The continuing impact of this policy has culminated in judicial proceedings where the Law Society, in conjunction with the Bar Council, have challenged this departmental policy in order to secure prompt payment of legal professionals.
Despite these challenges, the social value of legal aid cannot be overstated. In a recent ground-breaking study commissioned by the Law Society of Northern Ireland the social return on investment of legal aid in the region was quantified for the first time.4 This research shows that every £1 invested in legal aid generates £8.32 in social value.5 Thus, the interconnectedness of legal aid with the broader public sector cannot be overlooked.
This research illustrates clearly that investment in the system not only supports individuals in need, but also alleviates pressure on other public services such as health and social care, reducing costs for the broader public sector.
By ensuring that people have access to good quality legal representation, legal aid helps prevent issues from escalating into more costly and complex problems, such as homelessness, family breakdown, mental health crises, and prolonged legal battles.
The evidence makes clear that the continuation of a properly funded legal aid system is not just a necessity for those who need legal representation – it is essential for the health of the entire justice system and the welfare of society at large. It also serves as a reminder of the urgent need for a sustainable legal aid system.
1. The viability of criminal legal aid practice in Northern Ireland, Hook Tangaza, 2024. 2. Ibid. 3. Long, N. Ministerial Speech in the Northern Ireland Assembly. 11 November 2023. Hansard, vol.166:1. 4. The Value of Legal Aid in Northern Ireland, Rocket Science, 2024. 5. Ibid, 3.
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