Long announces plans to reset the justice system in Northern Ireland

Justice Minister Naomi Long has announced a major programme of reform to improve access to justice and better support those using publicly funded legal services.

The ‘Enabling Access to Justice' reform programme will refocus services putting the citizen at the heart of the justice system in Northern Ireland.

Speaking today the Minister said: “People often encounter the justice system at times of crisis, when they are victims of crime and when they are experiencing trauma. How we support them can impact on how they manage those challenges, and this can determine their life outcomes. It is critical their voices are heard, and they have appropriate advice and representation to exercise their rights

“All too often justice is reduced to bureaucracy and the cost of legal advice and representation. Justice is so much more than that. That is why reform is needed. 

“I want to increase eligibility for legal aid, opening up the service to a wider proportion of society; I want to trial alternative dispute resolution models to take some cases away from the courts and enhance front line service provision; and I want a root and branch review of fee structure for public legal services to ensure the system is operating as efficiently and cost effectively as possible. I also want to uplift fees for publicly funded work to ensure fair remuneration and the continued availability of high-quality legal advice and representation.

“It is with all this in mind that I commissioned the enabling access to justice programme.”

On resourcing, the Minister said: “I have repeatedly highlighted the pressure on the justice system and will continue to argue for more money so I can keep people safe. I am equally committed to examining how we use the resources we have at our disposal so we can be sure publicly funded legal services are working well for those who need them. This reform programme sets out a road map for achieving these aims.”

The Minister continued by highlighting how justice delivery can impact on the longer-term costs of public services. She said: “I am investing time and significant resources in this reform programme because how access to justice is enabled has an impact on the support people need and how they live and engage with society. This has an associated cost to policing, prisons, health and support services and benefits.”

On the way forward, the Minister said: “I have taken a holistic approach and considered how we enable access to justice across all case types to ensure we are not supporting some services at the expense of other more impactful actions. We simply cannot continue to allow costs to increase exponentially, and we need to ensure the system is sustainable for the future. I believe the programme launched today will help ensure sustainability as well as ensuring support remains available for the most vulnerable.”

Notes to editors

1. The written Ministerial statement is available on the DoJ website at Ministerial Statement - Long announces plans to reset the justice system | Department of Justice
2. The Enabling Access to Justice Reform Programme 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.
3. A Programme Delivery Plan is expected to be published next week. 
4. The Delivery Plan will be subject to consultation to ensure sequencing meets the needs of citizens and takes account of inter-connections.
5. The Plan is expected to evolve as work progresses and additional evidence emerges, however is expected to include –
   • introduction of changes to increase eligibility for legal aid
   • additional options for financing litigation to enhance access to justice and sustainability
   • procedural and associated remuneration changes to incentivise early resolution in the interests of ensuring better outcomes and reducing costs
   • enhancing front line service provision to ensure early access to holistic tailored support
   • trialling alternative dispute resolution models
   • an uplift in fees for publicly funded work to ensure fair remuneration and the continued availability of high-quality advice and representation in criminal and civil and family cases
   • a root and branch review of fee structure for public legal services to ensure the system is operating as efficiently and cost effectively as possible
   • a review of the scope and merits of publicly funded litigation to ensure resources are directed to areas of greatest need and those who can afford to contribute to legal costs do so
   • introduction of changes to bring all expenditure on publicly funded legal services within the purview of the Department in the interests of transparency
   • exploration of whether regulation and redress mechanisms for publicly funded legal services can be enhanced to increase confidence for users and in value for money
   • development principles for representation in publicly funded cases to ensure equality before the law and allow costs management
   • development of a Strategy for Access to Justice to aid decisions on resourcing and enable the effectiveness of services to be effectively assessed.
6. Priorities have been informed by previous reviews and existing data; learning from other jurisdictions and detailed stakeholder engagement including a call for evidence on the Foundational Review of Civil Legal Aid; the Foundational Review of Criminal Legal Aid led by His Honour Judge Burgess; priority setting exercise for civil legal aid for victims of domestic abuse jointly commissioned by the Department and the Commissioner designate for Victims of Crime. That supporting evidence will be published. A consultation on the programme delivery plan is expected to be published in coming weeks.