09/05/2026
I was very pleased to be asked to attend before the Justice Committee this week to give evidence on a topic that not many people other than lawyers would know about - Taxation. Not of the HMRC variety though.
Taxation is a method by which lawyers have their costs independently and judicially assessed by a judge called a Master of the High Court. Myself and Eoghan McKenna were there to answer questions about reform of the system.
One area of particular concern is that of what hourly rate the DOJ are saying would be applicable after proposed reform.
It is currently set by the Taxation Judge but the DOJ want to change that for legal aid work, and to allow the DOJ to set it. To what we don’t know because they did not say either how they would assess nor how often. ( it is of note that only last year did family practitioners in NI receive a 16% increase in some family fees - the first increase since 1996)
My fear? Well no doubt many would say being paid less I suppose and yes that is correct. Anyone who does legal aid work will know that practitioners are not appropriately remunerated. It is well documented.
In this situation though the fear is that the DOJ would reduce payment levels for work that is so important to a level where it would be economically impossible for many smaller, local Solictor firms to continue to do legally aided work.
Work like care work for vulnerable parents, where the risk is that they will have children removed. Work like care work for children, who risk being removed from their parents and placed elsewhere. Work for individuals who are divorcing, and trying to sort their finances out. All work very often for the most vulnerable in society and statistically work that would indirectly discriminate against women more ( divorce and mat work)
Creating a 2 tier system of payment which is what we fear will happen will do nothing to help and assist local people. Legal aid continues to be attacked on all fronts, making access to justice more difficult for all who try to use it.
Being given the opportunity to inform the Justice Committee on Thursday about our fears was certainly worthwhile and essential. They will no doubt take the information provided back to the DOJ where hopefully further debate and discussion will result in a better outcome for us all.