Law Society calls for targeted justice investment
The Law Society’s pre-budget submission has called for increased investment in the justice system, warning that it is “underfunded, overstretched, and in need of reform”.
The solicitors’ representative organisation says that many people face long delays in accessing justice due to an ever-growing backlog of cases.
Its submission, entitled Strengthening society, enhancing the economy, empowering our profession, argues that improvements to the justice system contribute to business confidence, stronger communities, and a more resilient democracy.
Law Society Director General Mark Garrett said that the justice system in Ireland had been underfunded for years.
“Court cases currently take at least 1.5 times longer than the European average due to persistent under-resourcing and structural inefficiencies,” he stated, adding that “sustained and targeted” investment in areas such as digitisation and court infrastructure was urgently needed.
The Law Society submission makes several recommendations for the justice system under three headings: society, the economy, and the solicitors’ profession.
The recommendations are costed, though the organisation says that some of its proposals do not require any additional spending.
Court infrastructure
Among the key recommendations under ‘society’ are increased investment in the courts and legal aid, as well as funding to implement the .
The submission calls for €210 million to be invested in the Courts Service in 2026 – a 5% increase from 2025 – to improve court infrastructure and technology, as well as for the appointment of more judges and courts staff.
“When court facilities lack the required level of privacy, particularly in sensitive cases such as family-law proceedings, or are not accessible to people with accessibility needs, the infrastructure itself fails to support a quality justice experience,” the organisation states.
Civil legal-aid fees
The Law Society also calls for more investment in civil legal aid, describing the report by the Independent Review Group on Civil Legal Aid as marking “a pivotal step” toward reforming the scheme.
It warns, however, that the civil legal-aid scheme’s current fee structure is not economically viable for most solicitors and is resulting in a lack of available practitioners for cases.
It recommends:
- Extending the scope, financing, and administration of the civil legal-aid scheme to cover additional categories of cases – including local-authority housing disputes, defamation, Adoption Authority hearings and social-welfare appeals,
- Increasing the scheme’s eligibility thresholds to “a more economically appropriate level”, and
- More investment in the Civil Legal Aid scheme and professional fees, particularly in Independent Law Centres.
The Law Society also calls on the Government to set up the Mediation Council of Ireland – provided for in 2017 legislation – “without delay”, as well as step up the promotion of alternative dispute resolution (ADR) methods as an alternative to court.
Family Courts
Describing the Family Courts Act 2024 as “a significant advancement in Ireland’s family-law framework”, the submission warns that its successful implementation depends on ensuring that court infrastructure, legal aid, and judicial training are adequately resourced.
It calls for ring-fenced funding for the implementation of the act to support reforms to the Family Courts – including dedicated investment in legal aid for family-law cases and court infrastructure.
The organisation also urges specialist training for the judiciary, court staff, and legal professionals in child-centred trauma-informed lawyering.
Children’s rights
The Law Society refers to recent reports that have highlighted “serious shortcomings” in how children’s rights and voices are upheld in family-law proceedings.
“Overloaded lists, limited co-ordination between State agencies, and delayed hearings all contribute to a system that fails to serve children in a timely, effective, or appropriate way,” it states.
Its submission calls for measures to support “structured youth consultations” to inform the design of a system “that better reflects the needs and experiences of children and young people”.
The Law Society has also asked the Government to commence section 5 of the Child Care (Amendment) Act 2022 to provide a clear statutory basis for considering the views of the child in family-law proceedings.
Criminal legal aid
On criminal legal aid, the document calls for the full restoration of fees for practitioners that were reduced in the wake of the financial crisis in 2008.
Pointing out that criminal-law work has increased in volume and complexity, the solicitors’ body says that the current remuneration does not reflect the demands and responsibilities of practitioners’ work in this area.
The submission adds that fees for expert reports in criminal legal-aid cases should also rise, citing “an acute shortage” of experts willing to provide their services at the rate offered under the current scheme.
EPA system ‘overly complex’
The Law Society also makes several recommendations for changes to the current system for creating an Enduring Power of Attorney (EPA) under the Assisted Decision-Making (Capacity) Act 2015.
“The digital-only approach adopted by the Decision Support Service (DSS) has created serious usability issues for members of the public,” it states.
Describing the current system as “overly complex, inaccessible, and unfit for purpose”, the organisation calls for the establishment of a solicitors’ portal to allow legal professionals to assist clients directly within the system.
Among its other recommendations are measures to simplify the current system, the creation of web-based application forms, and guidance to create EPAs in urgent or time-sensitive situations.
The submission also calls for the removal of constraints that prevent people from updating their EPAs in response to changing circumstances.
The Law Society also calls on the Government to prioritise legislative changes that would facilitiate e-conveyancing, such as the acceptance of digital Statements of Truth and the recognition of non-conforming development.
“Outdated systems and legislation are contributing to costly delays for home-buyers and sellers,” the Law Society Director General stated, adding that reform in this area “cannot wait”.