Bar submits response to public service funding inquiry
The Bar of Northern Ireland has submitted a response to the Northern Ireland Affairs Committee (NIAC) follow up inquiry into the funding of public services in Northern Ireland.
The inquiry is looking at the challenges facing Northern Ireland’s public services and considering Northern Ireland’s level of need relative to UK nations and regions. The inquiry will also look at the implications of the Autumn Budget for NI public services.
The Bar of Northern Ireland submission demonstrates a chronic and historic underfunding of the justice system, creating continued delivery problems. In particular, the Bar of NI submission provides a focus on the Department of Justice’s expenditure and budget allocations and how underfunding negatively impacts the provision of publicly funded legal services for citizens requiring legal advice and representation.
The demand led nature of publicly funded legal services and the level of relative need in Northern Ireland is also considered in the Bar’s submission. The direct correlation between public expenditure and the greater socio-economic challenge and relative need that exists across Northern Ireland is analysed and evidenced.
Chief Executive of the Bar of Northern Ireland, David Mulholland provided an overview of the Bar of Northern Ireland position as submitted to the NIAC inquiry:
“It is irrefutable that the funding and delivery of public services across Northern Ireland are under enormous pressure. This position has been the subject of compelling analysis provided by the NI Fiscal Council showing the historic underfunding of the region as a whole. The situation has been exacerbated by a decade of political instability which has led to inconsistent in-year monitoring and budget setting, and a lack of ministerial direction and policy setting.
“In April 2022, the Bar responded to the initial NIAC Inquiry through a joint submission with the Law Society of Northern Ireland. In this response we highlighted the core problems of a system of public funding that did not properly address relative need, and the impact that a lack of an Executive had on budgetary management and strategic decision-making across NI Executive Departments.
“While our devolved institutions have been restored and the UK government has taken some action to raise the fiscal floor required for the region, the Bar of Northern Ireland has warned that Northern Ireland’s justice system continues to be chronically underfunded in comparison with other Executive Departments. Sustained underfunding of this nature has already given rise to structural problems across the justice system, and throughout the administration of publicly funded legal services.
“The access to justice crisis that prevails at present must be addressed and action must be taken to resolve the mismatch between the fixed budget allocation that the Legal Service Agency (LSA) receives from the Department of Justice and the demand led nature of publicly funded legal services and the statutory duties that the Department must comply with.
“The demand for Legal Aid across Northern Ireland is particularly pronounced and levels of socio-economic challenge across the region remains acute. Northern Ireland is still one of the ‘poorest regions’ of the UK - in 2021, it was reported that NI’s disposable income averaged at just £17,646 per year, compared with the UK average, which was £21,679.
“There is direct correlation between public expenditure and the greater socio-economic challenge that exists across Northern Ireland. Unsurprisingly, this causal relationship results in public expenditure per capita being higher than the UK average in several areas, health, and education for example - and is certainly not confined to Legal Aid.
“The Bar of Northern Ireland in making this submission, sets out the importance of policy analysis and public discourse on Legal Aid that is properly informed and fully contextualised. Long standing socio-economic challenge and relative need must inform any analysis of investment in Legal Aid particularly when Legal Aid provision in this jurisdiction is compared with other UK nations and regions.
“Finally, the Bar of Northern Ireland has emphasised through our submission that the fiscal challenges faced by Northern Ireland elevate the importance of prioritised investment in areas which effect wider and proven economic benefits. Legal Aid has been proven, through multiple research findings, to deliver wider savings across government and associated social benefits.”
David Mulholland concluded:
“Investment in Legal Aid can bring savings in other Departments, in the form of dealing with housing issues, appropriately addressing family and relationship breakdown, avoidance of A&E visits and better mental health outcomes. This lessens the demand for other services, such as health and social care, and improves outcomes and quality of life for individuals. Legal Aid must be properly considered as an investment not simply a burdensome spend.”
ENDS
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