Enabling Access to Justice Reform Programme Delivery Plan Engagement Paper: Improving Impact and Value for Money by Reforming Scope and Merits

Overview

The Department of Justice is undertaking this early engagement to invite your informed views on the emerging reform options and to ensure that their development is shaped by the experience and insight of those who work most closely within the justice system. Your contribution at this stage is vital in helping us assess the practical impact of potential reforms, identify any unintended consequences, including equality considerations, and refine the mitigations required to safeguard proper access to justice for those citizens most in need. This collaborative approach will support the Department of Justice in presenting well‑developed, evidence‑informed proposals for Ministerial consideration.

The scope of legal aid determines which types of cases are eligible for support, while the merits test ensures that public funding is directed toward cases with a reasonable prospect of success and a clear public interest. Together, these elements form the foundation of a system that balances individual rights with responsible use of public resources. Reform of the scope and merits framework for legal aid is being progressed as a key priority under the Enabling Access to Justice Reform Programme Delivery Plan. This work is central to ensuring that legal aid remains fair, transparent, and sustainable, while continuing to deliver on its core purpose of improving access to justice for those who need it most.

The Department of Justice recognises that appropriate and effective alternatives must be fully developed, robustly assessed, and firmly established before any implementation can take place. Ensuring these measures are in place in advance is essential for delivering a smooth and well‑managed transition, safeguarding operational integrity, and maintaining confidence in the system.

The Department of Justice is keen to hear your views, not only on the potential options for reform, but also on potential exemptions and areas where mitigation may be required or essential to ensure that changes are proportionate, workable in practice, and sensitive to the diverse needs of stakeholders. The aim is to shape reforms that deliver better outcomes for those receiving legal services while supporting legal practitioners in providing vital assistance to many vulnerable members of society.

The Department of Justice welcomes all contributions and would be pleased to engage further with any stakeholders who wish to discuss these matters in more depth, ensuring that your insights are fully reflected in the development of these reform options prior to Ministerial consideration. If you would like to meet to discuss these in person, please email: clar@justice-ni.gov.uk.