The Irish Human Rights and Equality Commission (IHREC) has called for any reform of Ireland’s criminal legal aid system to be firmly grounded in human rights and equality principles, warning that efficiency measures must not undermine people’s right to a fair trial or meaningful access to justice.
Speaking at a conference on the future of criminal legal aid today, Chief Commissioner Liam Herrick said that while improving the efficiency and sustainability of the criminal legal aid system is a legitimate objective, any proposed reforms must be assessed against the State’s human rights and equality obligations.
Mr Herrick emphasised that criminal legal aid is not simply an administrative or budgetary matter, but one of the principal ways in which the State gives practical effect to fundamental rights, including the right to a fair trial and equality before the law.
“For many people appearing before the criminal courts, legal aid is the difference between understanding the process and facing proceedings alone. It can mean having someone to explain the charges, advise on legal options and ensure that a person’s rights are protected throughout the case. "
He highlighted that access to legal representation is particularly important for people experiencing poverty, social exclusion, disability, addiction, mental health difficulties and other forms of disadvantage, who are often disproportionately represented within the criminal justice system, saying:
“Criminal legal aid ensures that a person’s financial circumstances do not determine whether they receive a fair hearing. Any reforms must strengthen, not weaken, access to justice, particularly for those who are already most vulnerable.”
Under Section 42 of the Irish Human Rights and Equality Commission Act 2014, public bodies are required to have regard to the need to eliminate discrimination, promote equality of opportunity and protect the human rights of those affected by their policies and decisions. The Commission said that any significant reforms should therefore be supported by a robust human rights and equality impact assessment.
The Commission also stressed that a sustainable criminal legal aid system must be capable of attracting and retaining experienced practitioners with the expertise required to provide effective representation in cases of varying complexity.