Dear Colleague
A number of things.
- I wish to update you on the discussions with the Law Society yesterday regarding the DoJ “measures to address legal aid pressures.” It is clear that insufficient detail has been provided by the DoJ on the range of measures envisaged by the Minister. The Society is seeking further clarification and detail. It expects to be consulted on these details and has requested a copy of the draft legislation. The Society is seeking to meet with the AG and is seeking legal advice on the retrospective aspect of the primary legislation referred to by the Minister. Judicial Review action may be considered.
The Society intends to write to HMRC to advise that members face uncertainty on fees for work in progress, given the levy proposal.
The BSA has asked whether this proposed levy will apply to experts’ fees claimed against the legal aid fund. Clarification will be sought.
It would also appear that the BBC Sunday Politics Show broadcast on the 1st February, included a panel discussion on the issue of the Minister’s proposals but no one from the Law Society was invited to participate on the programme.
- The Society recommends that local associations and individual members engage with their local MLAs. The BSA will be writing to the relevant MLAs and Justice Committee members expressing our dismay at what is being considered. I encourage individual firms and members to do likewise. There is a general election in May and Assembly elections in 2016 so it is perhaps an opportunity to catch the attention of the politicians as they go chasing votes.
- The Law Society is very keen to collect data on the impact of the cuts to date/proposed further cuts on firms etc. It has asked that local solicitors’ associations help obtain this data to be passed anonymously to the Law Society for use in its negotiations with the DoJ and assembly. More detail regarding this initiative will follow.
- The Society is also considering a petition against the court closures in the various towns earmarked for closure.
- The anger that exists amongst BSA members was conveyed to the President and Chief Executive. Whether the profession should consider requesting an EGM of the Law Society is something that is being discussed amongst some members. It is that serious! I would like to canvas views on making such a request. I know that the Law Society Council will meet on the 4th February to discuss last week’s announcement. But maybe we need more than just the Council meeting.
- Bar Council members are reported to be considering a withdrawal of services from the courts. No doubt there will be further discussion around this as the Bar Council holds an EGM later this week.
- Finally, the DoJ has now issued its proposals for the rationalisation of the court estate to public consultation. As you know eight courthouses are earmarked for closure. This does not involve any proposed closure of the courthouses in Belfast.
However, many BSA members will have sub offices in towns affected by these proposed closures and all of us who practice in Laganside Courts will be effected by the impact to existing court lists/scheduling of court times etc. If BSA members consider that the BSA Committee should make representations during this consultation please contact the BSA Administrator in the usual way with your views and/or comments.
Many thanks for your time.
Paul Dougan
Chairman, Belfast Solicitors’ Association