Alternative provisions for defence services being considered, Long tells MLAs

Scoping work has begun on looking at “alternative provision” for legal defence services while industrial action by criminal barristers in Northern Ireland continues, Naomi Long has told MLAs.

The Justice Minister said that while she was “not enamoured” of the idea of a public defender’s office in Northern Ireland, she had to explore other options to “ensure the sustainability of the justice system as a whole”.

The Criminal Bar Association (CBA), which represents criminal barristers, has withdrawn some services in recent months in a dispute over legal aid fees.

Ms Long had said earlier this week that the action was causing “serious damage” to the justice system.

She also told the Assembly her department was on track to introduce a 16% increase in civil, family and criminal legal aid fees in May.

The CBA has scaled back its action this month but is continuing to refuse some new cases.

Ms Long was asked about the dispute when she appeared before the Justice Committee on Thursday.

She told the committee she had consistently reached out to representatives of the CBA and said all sides wanted to see a return to full services.

SDLP MLA Justin McNulty said he had concerns that the relationship between the department and the CBA had become “strained”.

The minister responded: “The relationships, it would be fair to say, are strained at the moment, that is certainly the view of the Criminal Bar.

“It is not something I would necessarily lay at the feet of my officials who have gone out of their way and above and beyond in terms of the level of engagement they have had with the Criminal Bar and with the Bar Council more widely.”

She added: “In terms of that strain, I have met with the Bar, I have discussed directly with the Criminal Bar my concerns; at the end of the day relationships are a two-way street.

“I am willing to do what I can in terms of trying to reach a settlement with them that they are content and satisfied with, but it has to be one that is based on evidence.”

Sinn Fein MLA Deirdre Hargey asked what “alternative models” the minister had been looking at if the industrial action continued.

Ms Long said: “If this continues for a prolonged period – this started in December, we are now sitting in March – we don’t know what will happen for the rest of the spring and summer.

“If this continues for a sustained period, what that means for individuals and for the justice system is stark.

“We do have to now look at scoping out alternative ways of providing for defence, in the same way that we have alternative ways, that we have a public prosecution service.

“Now, I am not enamoured of the idea of a public defender’s office, I have always been really clear that one of the important things we have is the freedom for an individual to choose their own defence and not to be limited in how they do that.”

The minister said barristers had raised concerns with her that it was not financially sustainable for them to take on some cases.

She added: “If they are saying it is just unsustainable for independent barriers to do that work, we will have to look at a different delivery model.

“It would be reckless of me as Justice Minister not to be asking officials to start to scope that out.

“However, it is at very early stages so we are not settled on models, we are not settled on what options are available.”

The minister said some barristers currently struggle to get work.

She told the committee: “It may be that some of those people would be willing to do the work were we to have a different structure in place.

“It would allow them to gain High Court experience, would allow them to be able to get a foothold in the profession.

“If there are mechanisms that we can do that, we need to explore all options.”

Ms Long said if the situation with the CBA could be resolved then her department could “park” any discussion on alternative models.

She added: “But in the interim, and until I have some sense the Bar intends on coming back to full service, I will have to scope out what alternative provision might be necessary.

“That is not something that can happen overnight but it is something we will have to look at to ensure the sustainability of the justice system as a whole.”