Radical overhaul of legal aid system proposed

In a major shake-up of the legal aid system in Northern Ireland the administration of the system may be handed over to a new independent commission.

With net expenditure on the provision of publicly-funded legal services in Northern Ireland climbing to £37.7 million in 2000/01 from £12.2 million in 1990/91 - an increase in real terms of 133% - the draft legislation issued by the Lord Chancellor’s Department would establish a Northern Ireland Legal Services Commission.

This non-departmental public body would administer publicly funded legal services from April next year and effectively remove the role from the hands of the Law Society’s Legal Aid Committee.

The newly instigated Commission would have a chair and between six and ten panel members. It would aim to be representative of the community and include people from management and other business backgrounds.

The Commission would be responsible for managing and directing new arrangements set out in the draft legislation under the Access to Justice (Northern Ireland) Order 2002.

This draft legislation includes procedures for paying lawyers for publicly-funded work and the introduction of quality assurance standards for legal service providers. The Commission would have a statutory duty to obtain the best value for money.

Also provided would be alternate ways of increasing access to justice for people who are not eligible for legal aid but who would be daunted by the costs of litigation. Possibly with the introduction of “no-win – no fee” arrangements, which are available in England and Wales, or a privately funded ‘Contingency Legal Aid Fund’ which would pay for litigation and be reimbursed by those who won their cases.

The Lord Chancellor, Lord Irvine described the draft legislation as a "milestone in introducing a modern, transparent system of publicly funded legal services for the people of Northern Ireland.”

Lord Irvine said: “The new Legal Services Commission will be able to control expenditure on publicly-funded legal services and to make sure that resources are targeted on the most needy. This draft legislation provides for quality-assured services for people who need legal help and advice while ensuring value-for-money for the taxpayer.”

The Government is inviting comment on the new proposals until July 22, 2002.

Copies of the draft Order and Explanatory Document can be obtained from Stationery Office or downloaded from the Northern Ireland Court Service website.

(SP)