The NIHRC recommends that the Department of Justice should proceed to introduce pro bono costs orders as an instrument for helping to improve access to justice and maintaining equality of arms in the Northern Ireland legal system. In carrying out this task, NIHRC recommends that the Dept. of Justice should consult relevant stakeholders such as the Law Society, Bar Council and other relevant organisations such as those concerned with the provision of pro bono legal support.
It is suggested that funds raised from pro bono costs orders should be directed to an existing voluntary organisation or public body that has expertise in providing assistance with pro bono legal representation.
The report further recommends that the development of pro bono legal assistance from the private and voluntary sectors should compliment rather than replace or supplant a comprehensive legal aid scheme.
In drafting its response, the NIHRC highlighted the various International Human Rights Standards upon which it bases its opinion and further stated "Pro bono legal advice and representation, which the proposed pro bono costs orders may support, can form part of the State’s obligation to provide equal access to law and allow people, regardless of financial means, to take action and defend themselves in civil proceedings before the courts".
Furthermore, the NIHRC "welcomes the proposed reform of costs for pro bono litigation and suggests that this should form part of increasing coverage for those seeking assistance with the cost of legal representation. This is particularly pertinent as the scope of legal aid coverage has declined over time. The proposals are unlikely to interfere with or limit international and Convention rights, but they will engage them".
The full submission paper can be accessed here.