The Department of Justice is set to seek views on proposals to increase fees paid to solicitors and barristers for legal aid services.
The proposals, which are one of the first steps in the Enabling Access to Justice Reform Programme, aim to improve justice delivery and ensure everyone – particularly the most vulnerable – has access to tailored systems, support, advice and representation.
The programme which was announced in December 2024 aims to enhance access to justice through a number of workstreams – improving access to justice; ensuring appropriate quality services; ensuring value; managing public funds; and oversight.
The proposals to increase fees come as criminal barristers across Northern Ireland are currently involved in industrial action in a dispute over legal aid. Last week, they voted in favour of extending the strike into next month.
It follows an announcement in December from the Criminal Bar Association who confirmed that barristers would be withdrawing from all Legally-Aided Crown Court cases for a four week period running from January 6th to 31st.
In November, The head of the Bar of Northern Ireland Donal Lunny KC warned there is a potential for miscarriages of justice if a dispute over legal aid payments continues.
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In 2023, the Department of Justice paid out more than £110m in legal aid — an increase of nearly 40% since 2019.
In a statement about the proposals, the Justice Minister Naomi Long said: “High-quality advice and representation is critical to securing justice, and fair and proportionate remuneration is vital to ensure the continued availability of high-quality advice and representation.
“The proposals I am announcing today are the first step in ensuring the continued viability of the justice system.
“They follow recommendations of the Fundamental Review of Legal Aid which I commissioned His Honour Judge Burgess to lead. The Review recognised there is more work to do but the proposals I am consulting on today are an important step in ensuring the stability and effectiveness of the justice system.
“The viability of the legal profession is not dependent on fees alone, nor is it solely a matter for the Department, but I am committed to doing whatever I can to ensure citizens have access to quality legal services.
“That means fair payment for work undertaken. I have listened to the concerns of the legal profession. It is clear fees need to be reset, and I am taking action, and taking action at pace.”
The Minister concluded: “The proposed fee increases represent a significant additional investment of £9.892million per year in the justice system. That is over and above the £114million already secured for legal aid this year following an equivalent spend last year.
“As part of the wider reform programme, the additional investment will help ensure the system is sustainable now and well into the future.”
The public consultation will be open until 27 March 2025.