VII. CONCLUSIONS
41. As we have stated earlier in this Report, this
is very much an interim assessment of a radical set of proposals
for change in the system of legal aid in Northern Ireland, some
of which appear to be the subject of considerable opposition.
On the other hand, the memorandum from the Central Claims Unit
of the Department for Regional Development[78]
appears to make a good case for changes to reduce the scope for
abuse of legal aid. We welcome the Government's willingness to
consult widely on the implementation of its proposals and to involve
interested parties fully in their further development. We welcome,
too, the Government's assurance that the proposals are consistent
both with its obligations under the Human Rights Act 1998 and
with the Court Service's equality obligations under section 75
of the Northern Ireland Act 1998.[79]
42. We have some concerns, though, about the overall
funding arrangements proposed. Within an overall aggregate provision
of funds which is fixed, one element, the provision for criminal
legal aid, will be essentially demand led. As a consequence, overall
provision for civil legal aid may be held down, in order to ensure
that an adequate contingency provision remains for unexpected
demands on the criminal side. We will be interested to learn how
the Government intends to manage the overall expenditure block,
in order to ensure the maximum flexibility and overall use of
the funds made available for legal aid, advice and assistance
in Northern Ireland.
43. We recognise that the Government has now taken
a decision in principle in favour of the broad thrust of the reforms
originally put forward in the Consultation Document. Because many
of the proposals in the White Paper remain subject to further
development, we have, in general, refrained from making specific
recommendations.
78 Appendix 14, p. 63. Back
79 Q
61-63. Back
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