In its submission to Northern Ireland’s budget consultation, the Bar says there is a “strong argument” for transferring the funding of legal aid to the category of “annually managed expenditure” along with other demand-led spending.

Doing so “would recognise the uncontrollable nature of legal aid and would mean that the Department of Justice would no longer have to apply budgetary management tools to live within the budget”, it adds.

As in previous years, the Bar’s submission acknowledges “the constrained position of public financing in Northern Ireland, and the finite money available”.

It says it is “evident that NI is not being allocated sufficient funding to address historical overspends that have accrued during the absence of an Executive”.

However, it says this financial situation strengthens the case for properly funding the legal aid system as this can lead to savings in other areas including health care, social services and prison services.

Naomi Long, the justice minister, has promised that a 16 per cent uplift in civil, family and criminal legal aid fees will take effect in May 2025 and will be backdated to 1 December 2024.

The increase comes against the backdrop of industrial action taken by the Criminal Bar Association (CBA) since November 2024.

An all-out boycott of legally aided Crown Court cases took place in January and February, and smaller-scale actions are ongoing.