The Irish Human Rights and Equality Commission (IHREC) has raised major concerns about the impact of the current disruption to the criminal legal aid system on people’s access to justice, particularly those in situations of vulnerability and disadvantage.
At its recent plenary meeting, the Commission considered the human rights and equality implications of the situation and emphasised that access to legal representation is not simply an administrative matter. It is fundamental to the right to a fair trial and to ensuring that people can participate meaningfully in legal proceedings that may profoundly affect their liberty, family life and future.
Commissioner Noeline Blackwell said:
"Access to justice must mean more than a right that exists on paper. For many people who come before our criminal courts, access to legal representation is what makes the right to a fair trial real."
The Commission is particularly concerned about the impact on people already experiencing poverty, homelessness, disability, addiction, mental health difficulties and social exclusion.
The situation also has implications for people involved in sensitive and complex criminal proceedings, those seeking bail, and anyone who may be unable to access timely legal advice or representation when they need it most.
Delays can also have significant consequences for victims of crime and witnesses, particularly vulnerable people involved in highly sensitive cases.
Commissioner Blackwell continued:
“When a person is facing criminal proceedings, the consequences can be profound. They may be at risk of losing their liberty or being separated from their family, while already experiencing poverty, disability, addiction or mental health difficulties. “We are particularly concerned about anyone who finds themselves without access to legal representation at a critical moment – including people appearing before the courts on serious or sensitive matters, people seeking bail, and those who need urgent legal advice and representation. Disruption and delay can have significant consequences for victims of crime and witnesses, particularly those required to give evidence in highly sensitive cases, who may be in particularly vulnerable circumstances. The adversarial nature of the justice system can already place a significant emotional and psychological burden on those involved, and prolonged delays can compound that impact. In a democratic society governed by the rule of law, access to justice cannot be peripheral. It is one of the foundations on which public confidence in our justice system depends.”
The Commission is calling for the human rights and equality implications of the current situation to remain central to efforts to ensure that everyone, regardless of their means or circumstances, can access effective legal representation and a fair hearing before the courts.