Law Society seeks investment in ‘critically underfunded’ justice system

Organisation warns in pre-Budget submission that system is failing society’s most vulnerable

The Law Society said unequal access to justice is 'failing to meet the needs of many in Irish society'. Photograph: Tom Honan

Significant investment is needed to support the “critically underfunded” justice system, which is failing to deliver for the most vulnerable, the Law Society of Ireland has said.

Outlining its priorities in advance of Budget 2025, the professional body for Ireland’s solicitors called for “ambitious, targeted and sustained” funding in order to future-proof Ireland’s justice system and address its problems.

Among its key demands the expansion of access to civil legal aid, with the Law Society saying unequal access to justice is “failing to meet the needs of many in Irish society.”

It said the current limits and allowances under the financial eligibility criteria for civil legal aid, which have not been reviewed since 2006, are “insufficient” and must be reset for the “current economic reality”.

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The society called for the criteria to be reviewed every three years and expanded to cover other areas such as local authority housing disputes, defamation and social welfare appeals.

Separately, it said the criminal legal aid system is in “crisis”, with many practitioners leaving the profession to work in other areas as the remuneration provided is not commensurate with the role’s demands. It said solicitors’ fees were cut by almost 30 per cent during the financial crash more than a decade ago and have not been reviewed since.

The society said innovative solutions are also needed to attract and retain solicitor practices in rural areas which are experiencing “critical” recruitment and retention and retirement and succession planning issues.

“Continued inaction will directly contribute to the creation of an inequitable legal system made up of those who have ready access to legal representation, and those who do not – whether that is due to affordability, or geography,” it said.

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

“Ireland needs sustained investment in people and skills to ensure the legal profession can successfully navigate digital transitions, increased regulation, and business challenges that arise, while also focusing on enhancing legal skills that are fundamental to a thriving sector,” it said.

Another key ask is the digitalisation of the justice system, in which Ireland is lagging behind other EU countries, it said.

Mark Garrett, director general of the Law Society, said Budget 2025 is an opportunity for the Government to step up its commitment to justice in “increasingly uncertain” times.

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

“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.”

Jack White

Jack White

Jack White is a reporter for The Irish Times