Report on Managing Criminal Legal Aid : First Report Session 2011/2012, Together with the Minutes of Proceedings of the Committee Relating to the Report and the Minutes of Evidence

Providing criminal legal aid in Northern Ireland comes at a significant price and since 2001, it has cost the taxpayer some 400 million pounds. Unlike most other public services, criminal legal aid is a demand-led service and the budget is not cash-limited. It is delivered exclusively by the private sector, making it all the more important that it is managed and controlled properly. The Northern Ireland Legal Services Commission (the Commission) was set up in 2003 to control expenditure and implement a programme of reform by autumn 2007 that would lead to tangible cost savings. However, it has delivered neither of these objectives. The reform programme remains significantly behind schedule and those reforms that relate specifically to criminal legal aid will not be implemented fully until 2013 at the earliest. The Committee considers that no one has emerged with credit from this review. The architects of the system, including some of the witnesses before the Committee, have much to answer for. The Department, and its predecessors, are ultimately responsible for the inherently flawed design of the system; Court Service put in place a series of defective remuneration schemes; the Commission is responsible for the administration of the system, but has not demonstrated the capacity to do so successfully; and the legal profession has exploited the loopholes within the system. The Committee acknowledges the measures being taken to bring spending under control, but much more needs to be done and at a quicker pace. The Department has estimated that there are 300 cases with an estimated value of GBP22 million still to be processed under the old remuneration schemes. These must be subject to much stricter scrutiny than in the past. The Committee considers that the fees paid to legal practitioners must be reasonable; claims for payment should not be made unless they are supported by the appropriate documentation; and strong control mechanisms must be put in place to ensure that value for money is achieved. The Committee is not convinced by some of the assurances given by the Department that planned changes will make a difference in the near future. Further delays to much needed reforms are not acceptable. The Committee intends to monitor developments on a regular basis to ensure that timely progress is made. There are 9 recommendations by the Committee.