Reviewing progress on the Enabling Access to Justice Delivery Plan
Ciaran Brennan analyses progress on the draft Enabling Access to Justice (EAJ) Programme Delivery Plan, one year on from its publication in late-January 2025.
The draft delivery plan was due for publication in early-December 2024, shortly after Justice Minister Naomi Long MLA unveiled the EAJ programme to the Assembly. However, the draft delivery plan was not published until late-January 2025.
Public consultation on the plan concluded in late-March 2025, but the final version has not yet been published. However, the Department of Justice (DoJ) has been progressing on actions contained in the plan.
It aligns with the EAJ programme which aims to make the justice system more accessible, efficient, and equitable. The programme was informed by reviews which illustrate problems in the justice system including rising legal aid costs, outdate delivery models, and processes that compound trauma for vulnerable users.
Progress
Under the delivery plan, the Department was due to introduce legislation amending remuneration for advice and representation in civil and family proceedings by end of May 2025. It also aimed to amend remuneration for representation and advice in the Crown and Magistrates’ Courts, and amend and consolidate mileage rates.
A 16 per cent uplift in fees for advice and representation in criminal, civil, and family cases, backdated to December 2024, was implemented in January 2026. This was recommended in the Fundamental Review of Criminal Legal Aid, published in August 2024.
However, the Bar Council of Northern Ireland says the uplift “has come too late and fallen significantly short of what is required to stabilise a system in crisis”. Additionally, barristers from the Criminal Bar Association (CBA) withdrew from legally-aided Crown Court cases in early January 2026 in protest. Criminal barristers took similar action from early January to late-February 2025.
In December 2025, as the CBA planned the industrial action, Minister Long told the Irish Legal News: “It is clear they want to leverage further trauma and stress on victims and witnesses to advance their arguments for unrealistic and unaffordable significant increases to legal aid fees paid to defence counsel.”
DoJ tells agendaNi that it has also introduced new fees for advice and representation in applications for immigration and asylum.
By the end of June 2025, the Department planned to pilot arrangements for payment of interim fees and early discharge of disbursements. DoJ tells agendaNi that provisions for the interim payment of fees and disbursement for public representation in criminal, civil, and family cases have been introduced.
In January 2026, new administrative arrangements came into effect, removing the need for interim payment requests to be discharged in criminal cases, and the evidence the Legal Services Agency of Northern Ireland requires pre and post payment of an interim or disbursement request.
These were introduced “in the interests of the viability and sustainability of the legal profession and, in particular, career progression for junior and female practitioners”, DoJ says.
Additionally, the Department had intended to introduce a pilot to assess the wider impact of replacing half day refresher fees with full day refresher fees by the end of June 2025. DoJ tells agendaNi that it has developed a proposal for a refresher fee pilot.
The Department had also aimed to develop a strategy to improve system transparency and awareness of dispute resolution options. There is no evidence of progress on this action.
“The Minister has said resetting the justice system is a long-term objective that will necessarily extend beyond the current mandate.”
By the end of September 2025, the Department had planned to publish proposals to reform taxation of legal aid remuneration for High Court bail applications. This was initially part of a phased approach to taxation reform which also included the Criminal Court of Appeal and judicial review proceedings. The initial approach would have removed the role of the Taxing Master in assessing legal aid bills.
DoJ’s revised approach retains the role of the Taxing Master, and proposes expediting reform by setting legal aid fees and rates for solicitors and counsel through remuneration orders in made the Access to Justice (Northern Ireland) Order 2003. Furthermore, the Department had also set an aim to publish a strategy for access to justice which has not yet been achieved.
By the end of December 2025, the Department aimed to publish post-consultation reports on the scope of criminal legal aid and associated merits test. DoJ tells agendaNi that it will “shortly publish discussion papers on options to reform financial eligibility rules for legal aid and new approaches to merits testing”. This is to ensure “the proper purpose of legal aid, namely protecting the most vulnerable, is fulfilled”.
Additionally, the DoJ states that a working group has been established to consider other fee changes and the consequent development of enhanced fees for parole applications and PACE. The Department says it is “pleased that work is continuing at pace and good progress is being made on what was the draft Enabling Access to Justice Programme Delivery Plan”.
“Some anticipated actions in the draft programme delivery plan have necessarily been delayed as the Department has sought to respond to views expressed during consultation on the draft delivery plan and also through engagement with stakeholders through the Criminal Legal Aid Working Group.”
The working group was established in March 2025 and is independently chaired by retired Judge Tom Burgess. It was tasked with developing advisory proposals relating to the criminal legal aid fee structure. Burgess led the Fundamental Review of Criminal Legal Aid.
DoJ says: “A revised plan reflecting those changes, next steps and progress in more detail, including on the previously anticipated legislative and consultative actions, is expected to be published shortly.
“The Minister has said resetting the justice system is a long-term objective that will necessarily extend beyond the current mandate.”
