Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Mrs Naomi Long on 22 June 2026.

MLA

Mrs Naomi Long

Party at the time

Alliance Party

Date

22 June 2026

Type

Debate contribution (made as a minister)

Business

Executive Committee Business

Heading

Justice Bill: Consideration Stage

Assembly identifier

Official Report component 5638866

Read the official Assembly record

Text

Thank you, Mr Speaker. I will speak to amendment No 91, which amends the Access to Justice (Northern Ireland) Order 2003 — the 2003 Order — by inserting two articles. The proposed amendment does not change the current legal position; it simply clarifies it by making explicit the provisions for the termination of remuneration that is set out in a remuneration order made under articles 12(3) or 24(3) and applied to anyone who, in accordance with the remuneration order, is determining the amount payable. In adopting that approach, I am withdrawing clause 28 of the Bill, as it no longer reflects the policy intent of reforming taxation of legal aid costs by legislating for legal aid rates and arrangements to be applied by the taxing master. Approximately 75%, or £90 million per annum, of legal aid expenditure is based on legal aid fees and arrangements set out in secondary legislation made by my Department and administered by the Legal Services Agency (LSA). The remaining approximately 25%, or £30 million per annum, is assessed by the taxing master and paid by the LSA.

The £30 million of public money assessed by the taxing master is not subject to the same level of transparency or accountability as other legal aid expenditure, which is quite rightly more readily available to anyone with an interest in the use of public funds.

Currently, in the High Court and Court of Appeal, solicitor costs are assessed against an hourly rate that is determined by the taxing master. That hourly rate is then uplifted by a variable percentage to reflect care and conduct. For barristers, some fixed fees, which are known as interlocutory fees, are set by the taxing master, but the vast majority of barrister costs are dealt with by way of a brief fee, which is a catch-all fee that is determined by the fee recipient — the barrister — and submitted to the taxing master. Crucially, the brief fee does not detail the amount of time spent or the type of work carried out on the case, nor is there any framework set by the master. The amendment relates to departmental powers to implement a framework that is consistent with 'Managing Public Money Northern Ireland' and the concepts of regularity and propriety, which are fundamental to the right use of public funds. The vast majority of legal aid expenditure is determined by the LSA in line with the fees and rates arrangements that are set out in secondary legislation by the Department, and has to have regard to the following statutory criteria: the time and skill required of the persons required to provide the services; the number and general level of competence of the persons providing those services; the cost to public funds; and the need to secure value for money. In addition, when setting any fees and rates in secondary legislation, the Department is required to consult with key stakeholders, including the Lady Chief Justice, the Law Society and the Bar. Importantly, the associated expenditure is subject to economic appraisal, regulatory and statutory impact assessments, and scrutiny by the Justice Committee and the Assembly. It is the intention of my Department, under taxation reform, to retain the taxing master in an assessment role for costs being paid out of the legal aid fund, but applying the fees, rates and arrangements set out in the remuneration order, which is subject to the statutory criteria that I have just set out, subject to appropriate appraisal mechanisms and Assembly scrutiny, as is the case for all other legal aid expenditure. The amendment will clarify the legislative underpinning of that approach, and I commend it to Members.

Will the Member give way?

The Member has mentioned that the Department was, if you like, on one side, with the Bar and the Law Society on the other. Will he not concede, however, that, on 7 May, the Law Society expressed support for our proposals to introduce hourly rates for counsel, taking the view that, if solicitors can do it and it is good enough for them, it should be applied across the board?

685 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

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Assessed 21 October 2026 at 16:08 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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