Lack of funding risks undermining confidence in justice system, top judge warns

Confidence in the justice system risks being undermined if it is not appropriately funded, Northern Ireland’s most senior judge has warned.

Lady Chief Justice Dame Siobhan Keegan also expressed her hope that there would soon be a restoration of the Stormont powersharing institutions as she delivered her opening of term address in Belfast.

The address was attended by judiciary from Northern Ireland as well as Lord Stephens from the Supreme Court, Lord Justice Underhill of the Court of Appeal in England and Wales, Lord Malcolm from the Inner House of the Court of Session in Scotland and the Chief Justice of Ireland Donal O’Donnell.

Dame Siobhan said the courts had been affected by changes brought about by the Covid-19 pandemic.

Addressing the issue of delay in the judicial system, she said: “We have been able to keep Crown Courts running during Covid-19 and so the backlog is not as acute as it might have been.

“Also, by robust case management, those cases of vintage are being actively progressed and victims’ needs are being taken into account.

“I know that while there remains much to do to address both the systemic issues and the impact of the pandemic, they are making significant inroads into the outstanding caseload.”

But the Lady Chief Justice said access to courts depended on proper funding.

She added: “There must be secure and effective mechanisms to ensure that the administration of justice is adequately funded.

“Of course, this is not just a concern for the judiciary. It is a concern of each of those organisations involved in the criminal, civil and family justice systems as justice is a system where delays in one part combine and escalate to cause delays in another.

“The Criminal Justice Board is the main strategic oversight group for the criminal justice system in Northern Ireland. The Minister of Justice (Naomi Long), supported by the Permanent Secretary for the Department of Justice, chairs the board and members include myself, Simon Byrne, the Chief Constable and Stephen Herron, the Director of Public Prosecutions.

“This multi-disciplinary framework has agreed, while each of us recognising our independence, that we should highlight collectively our concerns regarding the system-wide impact of the current financial position on the justice system.”

She said independent analysis of a proposed three-year draft budget produced before the Stormont institutions collapsed earlier this year showed that justice would be the “worst affected area” of all departments.

The Lady Chief Justice added: “In England and Wales, an additional £2 billion was allocated in recognition of the need to invest in justice services, and the importance of avoiding a detrimental impact on those in contact with the system.

“The justice system has an obligation to provide access to justice and to build trust and confidence within the community.

“We know that without appropriate funding, backlogs and delay will continue, with unacceptable impacts that risk undermining confidence in the justice system.”

Dame Siobhan said that a “lack of progress within our political institutions” had reinforced to her the importance of leadership.

She said: “I am willing as those before me to assume responsibility for the control of the court estate and operational support for the running of the courts, particularly at this time. 
 
“I also earnestly hope that we will see the return of government here in the near future, as that will no doubt assist the administration of justice.”