AND JUSTICE FOR ALL?

Pass any courthouse in the world and you will often find a statue of ‘Lady Justice’ wearing a blindfold, holding a set of scales typically suspended from her right hand, and carrying a double-edged sword in her left hand.

Few people realise that the blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favour, regardless of identity, money, power, or weakness; blind justice and impartiality.

It is a salient reminder that in a democratic society all citizens have the right to a fair trial and that regardless of the personal or financial circumstances of any person they should never be placed in a position of inequality before the law.

In Northern Ireland this democratic right is extended to the thousands of people involved in civil and criminal cases who will be appearing before the courts.

The outcomes of these cases will be life changing to many people, such as the families facing repossession of their home, the children of families who have fallen apart, the victims of domestic abuse or the person injured in a car accident. For such vulnerable people the legal route is their last and final recourse to seek justice and a fair outcome.

High levels of unemployment and social deprivation in Northern Ireland, inevitably mean that there will always be people who will need but cannot afford legal representation.

In our democracy the safety net has always been the legal aid system and representation provided by the network of solicitors. For many this has meant the difference between keeping or losing custody of their child, between living in a safe and secure home or living in constant fear of violence, between going to prison or their freedom.

This safety net of legal aid representation is now threatened by a series of proposals from the Department of Justice which will significantly reduce the criminal and civil legal aid budgets in Northern Ireland.

As President of the Law Society and a practising solicitor I am all too aware of the implications of these cuts will have on members of the public seeking access to legal representation particularly those of limited or moderate means.

To us it seems strange that during the worst economic downturn in fifty years, when there is greater demand for legal services from low incomes families and the most vulnerable within our community that the Department of Justice propose to cut civil and criminal legal aid budgets.

It surely follows that if there is an increased demand for legal services from the community then the appropriate budget should be in place to meet such demands.

It would appear that the Department’s proposals or rather their budgets do not add up. Decisions are being made by Departmental accountants who do not know the true value of what legal aid actually delivers to the community or to the people whose lives are changed forever.

The reality is that the implications of these proposals are far reaching and the real nature and impact of the cuts has not yet featured prominently in the public debate.

Should you be concerned?

If you are currently out of work or are on a low income, if you are a single mother,  a couple going through a divorce, if you are the victim in an abusive relationship, if you are seeking access to your children, if you are seeking answers from your local school or health trust, if you are disabled in need of representation, if you have been involved in an accident, if you are facing criminal charges then yes you should be concerned. 

Even if you believe these legal aid proposals will not affect you, you should be concerned because regardless of whatever your circumstances are today, one day you may find yourself in a position when you need professional legal representation and it will not be available.

We must always work to ensure that Justice is for all not just for those who can afford it.