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Law Society’s budget plan focuses on investment
Mark Garrett (Pic: Cian Redmond)

09 Sep 2024 law society Print

Law Society’s budget plan focuses on investment

The Law Society has called for “ambitious, targeted and sustained investment” in Budget 2025 to future-proof the Irish justice system.

The President of the Law Society Barry MacCarthy said that the organisation’s proposals, which target five key areas, could help alleviate existing problems in the system, and enable greater access to justice.

Director General Mark Garrett said that parts of the justice system were ”failing to deliver” for Irish society’s most vulnerable people.

“The current justice system lacks adequate funding and, as a result, is simply failing to realise its true potential,” he stated.

Five areas targeted

The Law Society’s proposals call for action in five areas:

  • Expand access to civil legal aid,
  • Invest in the sustainability of the criminal legal-aid system,
  • Digitalise the justice system,
  • Safeguard the future of access to community-based legal services, and
  • Widen access to legal qualifications and support the sector to enhance skills.

The Law Society described the civil legal-aid system as “critically underfunded”, warning that, while the report on the Review of the Civil Legal Aid Scheme was awaited, and until the necessary investment was in place, unequal access to justice was failing to meet the needs of many in Irish society.

It called for an extension of the scheme to areas such as local-authority housing proceedings, mortgage repossessions, and social-welfare appeals.

On criminal legal aid, the organisation called for investment in “a sustainable criminal-defence profession” to protect the constitutional rights of people to access legal advice in criminal cases.

Modernisation ‘slow’

The submission also warned that modernisation of the courts system remained slow, with rates of digitalisation and physical accessibility lagging other EU countries.

“The Government must respond with investment to meet the growing demand for digital public services and to allow for the implementation of practical tech-focused initiatives,” it stated.

The Law Society called for innovative solutions to attract and retain solicitor practices in rural areas, describing sole practitioners and small practices as “the backbone of the legal profession in most communities”. The organisation has previously warned of the emergence of ‘legal deserts’ across the State.

The submission also called for targeted supports to facilitate access and new pathways to legal qualifications – including SUSI grant support for hybrid programmes and the development of a new apprenticeship model for solicitor training.

The Law Society also called for the re-opening of the Probate Office’s public counter, and for investment in e-conveyancing.

The submission also urged the Government to establish a Medication Council of Ireland, as provided for under the Mediation Act 2017. The council would promote public awareness on the availability and operation of mediation services, and develop standards in the provision of such services.

Competitiveness

Mark Garrett commented: “Having a well-resourced and efficient legal system is critical from an access-to-justice perspective. It is also of importance in the context of Ireland’s competitiveness.

“This legal system underpins justice delivery, economic stability and growth, and equality. In turn, a well-functioning legal system can enhance access to justice for individuals, while also making Ireland more attractive for foreign investment and international partnerships,” he continued.

“The Law Society's Budget 2025 priorities focus on securing appropriate levels of investment to deliver the legal and justice system that is critical to a progressive, modern Ireland,” the director general concluded.

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