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

The core function of the Department of Justice (the Department) is to help create a fair, just and safe community where we respect the law and each other. Ensuring fair and equitable access to justice remains a cornerstone of our legal system. Legal aid exists to uphold the fundamental principle that access to justice should not depend on an individual’s financial means. It ensures people facing legal issues, particularly those who are vulnerable or disadvantaged, can obtain advice, representation, and support to protect their rights and resolve disputes fairly. This is essential for maintaining public confidence in the justice system, promoting equality before the law, and safeguarding the rule of law. Without an effective legal aid system, individuals risk being excluded from justice, which can lead to wider social and economic consequences. For these reasons, the Department of Justice is committed to ensuring that legal aid remains accessible, sustainable, and responsive to the needs of society.

The Department of Justice recognises meaningful change requires collaboration and input from those directly affected, including legal practitioners, service users, and representative bodies.  The Department has identified potential options for reform which are set out in this engagement paper. The reform programme is contingent on cross-sectoral collaboration, affordability, and sequencing with other interdependent workstreams. The options set out in this paper represent initial policy thinking and do not constitute either an exhaustive list or agreed direction of travel by the Minister of Justice; rather they are to aid a conversation as to the purpose and scope of legal aid. Where relevant, mitigations and exemptions will be developed to ensure that vulnerable individuals are not disadvantaged. These measures are intended to safeguard access to essential legal services for those who need them most, maintaining legal protections for the most at-risk members of society.

This paper builds on the findings of the Department’s Foundational Review of Civil Legal Services, alongside other reviews and forms part of a wider process to gather stakeholder perspectives, that will help shape well-informed, proportionate reforms capable of delivering meaningful improvements. Engagement with the legal profession, their regulatory bodies, the Judiciary, the community and voluntary sector and wider civil society will be crucial to ensure that any future changes are practical, evidence-based, and aligned with the overarching goal of access to justice.  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.