Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Mrs Ciara Ferguson on .

MLA
Mrs Ciara Ferguson
Party at the time
Sinn Féin
Date
22 June 2026
Type
Debate contribution
Business
Executive Committee Business
Heading
Justice Bill: Consideration Stage
Assembly identifier
Official Report component 5639088

Text

Minister, while we can sympathise with the need to ground legal aid in a broader framework that recognises it as a fundamental public responsibility, we are somewhat concerned that the Department has been unable to provide sufficient detail on how future remuneration rates will be determined. Legal aid is not merely a publicly funded service but a lifeline for many. It supports vulnerable individuals through some of the most challenging moments of their lives, from custody battles to navigating sensitive cases. Access to legal aid, where needed, helps people to understand and assert their rights and entitlements, to be empowered to use the law and to be represented in courts and tribunals, where needed. Access to legal aid buys a critical role in enhancing citizenship, upholding rights and reducing social exclusion. We argue, however, that sufficient detail has not yet been provided on how the proposed changes in new clause 27A will not inadvertently undermine the financial viability of legal aid work, particularly amidst the ongoing pressures that have been outlined.

In addition, further pressure was applied in tandem with the proposed reforms through the recent strike action by the Criminal Bar Association. However, we very much welcome the fact that the Justice Minister accepted all the recommendations of the recent review, which resulted in the conclusion of the strike. The Department will implement the increase to all criminal, civil and family legal aid fees, with estimated additional payments being received by solicitors in early 2027. Nonetheless, the Crown Court criminal caseload at 31 May 2026, based on Courts and Tribunals Service data, had increased by over 50% since 1 January 2026, including over 1,800 cases awaiting arraignment, a trial date or sentencing. Whilst fees must keep pace with the cost of business, we must ensure that legal aid work is sustainable, that any reviews are done in a regular and consistent manner and that legal aid solicitors remain readily available to protect access to justice. Whilst we sympathise with the wider conversation on reform of legal aid, to protect and enhance its availability and accessibility further work is needed at this stage by the Minister and her Department, in collaboration with the Law Society, the Bar, the Criminal Bar Association and others, to engage on any reforms, and for there to be timely presentation of the assessment that they are suitable and practical to meet that core objective. For all those reasons, we cannot support amendment No 91.

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

Assessment

Awaiting analysis

This record has not been analysed yet. It is not counted in any total until it has been assessed.

Disagree with this assessment?

Classifications can be challenged. A person reviews every challenge, and any change is recorded publicly above with its reason.

Challenge this classification