Proposal to solve Northern Ireland legal aid dispute falls apart

Proposal to solve Northern Ireland legal aid dispute falls apart

Naomi Long

Northern Ireland’s justice minister has withdrawn a proposal aimed at resolving a month-long strike over legal aid fees, according to the Criminal Bar Association (CBA).

In a statement issued this morning, the CBA said it was “disappointed and perplexed” by Naomi Long’s decision to propose and then cancel an “accelerated review” on legal aid reform.

Members of the CBA withdrew from all legally-aided Crown Court cases at the start of January in an escalation of industrial action over legal aid fees which began in November 2024.

A suggestion from the lady chief justice of Northern Ireland to resolve the dispute by means of mediation has been rejected by the Department of Justice.

In a statement today, the CBA said: “At all points, and in particular during the past month, the CBA has remained open and willing to engage with the Department of Justice on progressing the issues at hand with an overall objective of returning barristers to all Crown Court cases as soon as possible.

“However, progress has remained slow and limited, not providing the urgency and pragmatism that is required.

“On the 15th of January, the justice minister proposed an ‘accelerated review’, and committed to this review beginning on the 23rd of January and concluding on 20th of March.

“In proposing this review, the minister made clear she was not willing to be bound by the recommendations of the review but demanded that that the CBA would cease its withdrawal of services immediately as a precondition to the review commencing.

“The initial dates identified for the establishment of the review were not able to be met and, as a result, the scope and terms of reference remained to be agreed.

“Nevertheless, the CBA made it clear that they were willing to engage with the review and would agree to a graduated return to work, to reduce the most severe impact of the withdrawal of services, if the review progressed properly.

“In making this proposal the CBA highlighted that it would create a significant opportunity to accelerate and expand the range of high priority cases that are affecting the most vulnerable individuals and their families.

“The CBA considered that this could therefore be a significant opportunity for meaningful progress to take place which would benefit all involved in or affected by the current action.

“The minister has since decided and announced that the review will not go ahead.”

The CBA said it was “disappointed and perplexed by this decision and calls upon the minister to reconsider urgently this decision to allow the development of a graduated return to Court for high priority cases”.

It said it was alternatively still prepared to engage in mediation with the Department, as proposed by the lady chief justice.

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