Publications

NIHRC Submission to the Department of Justice Call for Evidence on Civil Legal Aid

Date produced: June 2024

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages.

You can also download the full document through the links provided.

The NI Human Rights Commission recommends that:

2.9 the Department of Justice adopts a human rights based approach to the development and implementation of any and all policy on legal aid provision in NI, that includes the full range of internationally accepted human rights standards.

2.15 the Department of Justice should actively consider Windsor Framework Article 2 in the review, development, and implementation of any and all policy on civil legal aid provision in NI.

2.18 the Department of Justice should make sure that all reviewed, developed and implemented policy in the provision of civil legal aid in NI upholds the right to an effective remedy and a fair trial provided for in Article 47 of the EU Charter of Fundamental Rights and CJEU case law.

2.21 the Department of Justice considers the EU asylum acquis while reviewing, developing, and implementing policy in the provision of civil legal aid in NI.

3.5 the Department of Justice takes all effective measures to improve access to justice through the provision of adequate free legal aid to all persons without sufficient means, including by increasing the allocation of human and financial resources to ensure the adequate and efficient functioning and sustainability of the Legal Services Agency NI.

3.11 the Department of Justice ensures that the provision and scope of civil legal aid in NI is accessible and responsive to the needs of every individual who may require it. This includes specific protection and assistance for people with additional needs or who may experience social or economic exclusion.

3.12 the Department of Justice continuously collects, monitors and evaluates disaggregated data of legal aid recipients in order to understand the legal needs of the population. This includes employing a variety of data collection tools to ensure data is of appropriate quality and publishing the findings to ensure transparency.

3.16 the Department of Justice ensures early intervention mechanisms and techniques are effectively used and adequately resourced to ensure the accessible and timely legal advice and assistance to every individual who may require it