Legal Aid

Wednesday, 3 July 2024

Questions (83)

Ged Nash

Question:

83. Deputy Ged Nash asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he is aware of plans by barristers practising criminal law to withdraw services on 9, 15 and 24 July 2024; if he will provide details of any advice his officials have provided to their counterparts in the Department of Justice following the announcement as part of Budget 2024 to establish a review process to examine the structure and level of fees paid to barristers practising criminal law; if he is in favour of establishing such a process that would allow for restoration of FEMPI-era cuts to fees; and if he will make a statement on the matter. [28513/24]

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Written answers

Minister for Public Expenditure, National Development Plan Delivery and Reform

At the outset, I would like to note the important role played by legal practitioners in the administration of criminal justice.

The Criminal Justice (Legal Aid) Act 1962 is the primary legislation which provides for the operation of the Criminal Legal Aid Scheme. As set out in section 10 of the 1962 Act, it is the role of the Minister for Justice to prescribe the fee rates paid under the Scheme with the consent of the Minister for Public Expenditure, NDP Delivery and Reform.

In this context, the Minister for Justice announced in October of last year that there would be an increase of 10% in the fee rates paid to legal practitioners undertaking work under the Criminal Legal Aid Scheme and this was implemented from the 1st January 2024.

This proposal was progressed on the understanding that this would facilitate the Department of Justice to undertake a process of implementing reforms that will deliver greater efficiencies, transparency and governance of the Scheme including the fee structure. The necessity of undertaking these reforms has previously been noted by the Minister for Justice.

As the Deputy will appreciate, this is primarily a policy matter for the Minister for Justice to consider in the first instance and for the Department of Justice to continue to progress.