Naomi Long

The public consultation, which opened last week, will run until 27 March 2025 — and the proposed increase remains “subject to business case approval by the Department of Finance”.

It comes as criminal barristers continue a boycott of legally aided Crown Court cases, which began at the start of the year and was recently extended to the end of February.

The Criminal Bar Association (CBA), whose members are also refusing instructions in Category A cases and multi-complainant Category D cases, has accused the Department of Justice of failing to “engage meaningfully” with the Bar.

Bar chairperson Donal Lunny KC said in January that the proposed fee increase was “not guaranteed, as it is subject to a consultation and budgetary approval” and that it “comes nowhere close to restoring previous cuts”.

He has also said the increase would “immediately be eroded by other proposals that the Department has chosen to try to implement”, including legislating to overturn the High Court’s judgment in Department of Justice v Tiernan (Padraig) [2019] NIQB 25, which addresses the remuneration of cases which are “left on the books”.

However, speaking on the launch of the public consultation, justice minister Naomi Long insisted: “I have listened to the concerns of the legal profession. It is clear fees need to be reset, and I am taking action, and taking action at pace.”

She said the proposals “are the first step in ensuring the continued viability of the justice system”.

“The proposed fee increases represent a significant additional investment of £9.892 million per year in the justice system,” she said.

“That is over and above the £114 million already secured for legal aid this year following an equivalent spend last year.

“As part of the wider reform programme, the additional investment will help ensure the system is sustainable now and well into the future.”