The Ulster Unionist Party has proposed a number of amendments to the Legal Aid and Coroners’ Courts legislation debated in the Assembly on Tuesday. The amendments included efforts to ensure that there would be an open competition for the appointment of the Director of the new agency.

The new legislation is designed to replace the Northern Ireland Legal Services Commission and transfer its functions and staff to a new executive agency which is to be established within the Department of Justice.

Ulster Unionist Justice spokesperson Tom Elliott said:

“The Legal Services Commission who administers the Legal Aid scheme within the Justice system has not been doing a very effective job in recent years given the huge mis-calculations in the Legal Aid requirement.

“Within this new legislation the Department of Justice made arrangements for the transfer of staff from this organisation to the new agency. While doing so they failed to give an assurance that the appointment of a new Director would be by open competition.

“I have long been an advocate of having senior civil service positions more open to public competition. Therefore it was no surprise that I have concerns that this position will be an in-house appointment instead of open competition.

“My amendment was not designed to exclude existing civil servants from applying or holding the post – what it was designed to do was allow for open competition.”

“Another aspect is that the legislation states: ‘The Director must comply with directions given by the Department about the carrying out of the Director’s functions.’

“While the Minister indicated that he or any other Minister has a general power of direction to the civil servants in relation to decisions, then if that is the situation there is no need to include this clause in the Bill. We are all well aware that the Minister is effectively the Department, so I see no difference between saying this is the Department’s power or this is the Minister’s power.

“It is unfortunate that while most parties agreed with the principle of my amendments only a minority were committed enough to support them in the decision making process.”