Dáil Éireann Debate, Wednesday - 25 March 2026
200. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the changes he proposes to bring to the criminal legal aid scheme, including all elements of the revised fee structure, whether any changes will require amendments to legislation or be enacted by regulation; the proposed timeframe for implementation of each change; and if he will make a statement on the matter. [22917/26]
View answer201. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether, as part of the proposed changes to the criminal legal aid scheme, it is intended to introduce a flat-fee model for District Court criminal legal aid work; and if so, the proposed level of that fee and the work it is intended to cover; and if he will make a statement on the matter. [22918/26]
View answer202. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether, under the proposed changes to the criminal legal aid scheme, fees payable to solicitors will vary based on case complexity, number of charges, number of accused persons or duration of proceedings, or any other consideration; and if he will make a statement on the matter. [22919/26]
View answer203. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he will publish the analysis and evidence underpinning the proposed changes to the criminal legal aid scheme, including any review of District Court cases used to inform the proposals; and if he will make a statement on the matter. [22920/26]
View answer204. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the evidence he has received which supports the assertion that the current criminal legal aid scheme incentivises unnecessary adjournments or inefficiencies; and if he will make a statement on the matter. [22921/26]
View answer205. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the projected annual savings arising from the proposed changes to the criminal legal aid scheme; the details of any cost-benefit analysis undertaken, including potential downstream costs such as delays, appeals or retrials; and if he will make a statement on the matter. [22923/26]
View answer206. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether the proposed fee structure under the revised criminal legal aid scheme represents an increase or decrease in effective remuneration for solicitors undertaking criminal legal aid work, including any modelling carried out in that regard; and if he will make a statement on the matter. [22924/26]
View answer207. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the assessments that have been carried out on the potential impact of the proposed changes to the criminal legal aid scheme on access to legal representation and the constitutional right to a fair trial; and if he will make a statement on the matter. [22925/26]
View answer208. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether any assessment has been made of the risk that the proposed changes to the criminal legal aid scheme could result in reduced participation by solicitors in criminal legal aid work; the implications of any such reduction; and if he will make a statement on the matter. [22926/26]
View answer209. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of solicitors currently participating in the criminal legal aid scheme, the trends in participation in recent years; the workforce impact assessment conducted in relation to the proposed changes; and if he will make a statement on the matter. [22927/26]
View answer210. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the consultation process undertaken in relation to the proposed changes to the criminal legal aid scheme; the stakeholders consulted; the nature of that consultation and the way in which feedback has informed the proposals; and if he will make a statement on the matter. [22932/26]
View answer211. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the way in which the proposed changes to the criminal legal aid scheme align with commitments in the Programme for Government to restore criminal legal aid fees; the basis for any assertion that the proposals constitute a restoration rather than a reduction; and if he will make a statement on the matter. [22933/26]
View answer212. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the meetings that he or his officials held with the Law Society in respect of the criminal legal aid scheme since he took office and prior to the announcement of proposed changes to the fee structure under the scheme; whether any proposed meetings were cancelled or postponed by his Department; whether there are further meetings planned in this regard; and if he will make a statement on the matter. [22934/26]
View answerI propose to take Questions Nos. 200 to 212, inclusive, together.
I fully recognise the crucial role played by the legal professions in the effective administration of criminal justice, and equally that the Criminal Legal Aid scheme is fundamental to upholding the constitutional and human right to a legal defence.
It is important to note that the Programme for Government contains three commitments in relation to Criminal Legal Aid. The first is to reform the operation of the Criminal Legal Aid Scheme. The second is to restore criminal legal aid fees, and the third is to enact the Criminal Justice (Legal Aid) Bill. It is my intention to fulfil all three commitments.
In considering the need for reform, it is worth recalling that while criminal case volumes in the District Court have decreased, expenditure on criminal legal aid in the District Court has nearly doubled, from €19 million in 2015 to €37 million in 2024.
As part of the review, my Department reviewed more than 350,000 District Court cases which took place during 2022 and 2023. The review identified specific structural issues in the administration of criminal legal aid, namely:
• Payment per appearance which incentivises additional adjournments.
• Multiple certificates granted for related cases increase costs and complexity.
• Multiple solicitors assigned in the same firm for related charges.
• A highly complex payment processing system creating a significant administrative burden.
The review also found:
• Cases with criminal legal aid take an average of 313 calendar days to complete, compared to 133 days for cases without.
• The weighted average appearances for cases with Criminal Legal Aid is 5, while the weighted average appearances without Criminal Legal Aid is just over 3.
• While cases with Criminal Legal Aid take significantly longer than those without, the outcomes are similar.
As the Deputy will appreciate, while the findings of the Review have been shared with the professional bodies, the data analysed contains personal information and therefore the Department is not in a position to publish it.
It is important to state that this proposed reform will not affect the ability of legal professionals to engage in criminal legal aid work. Neither is it intended to reduce the cost to the State of providing criminal legal aid. Rather, it will improve efficiencies, reduce unnecessary adjournments, simplify the administration of criminal legal aid, speed up case resolution and enable faster payments to practitioners. Furthermore, the new flat fee will be set at a rate that provides for full restoration of the so-called FEMPI cuts in line with the Programme for Government commitment.
For cases in the District Court, regardless of the number of appearances, a set fee will be payable to solicitors, replacing the current appearance-based sliding scale. The new structure will also provide for a full separate set fee for each defendant in court on a given day. This reform will be a major improvement on the current fee structure.
As the Deputy is aware, “complexity” of cases is not a factor in the existing fee structure, as the current appearance fees do not vary based on the complexity of the charges. However, as each adjournment attracts a fee, the fee structure itself has the potential to incentivise adjournments.
My Department has been engaging extensively with relevant stakeholders, including An Garda Síochána, the Probation Service and Courts Service on the review and proposed changes to the scheme. Officials from my Department also met with the Bar Council and Law Society together in May, July and October 2025, and both bodies were invited to make submissions on the findings of the review by November 2025. An initial submission from the Law Society was received on 14 November 2025, the details of which were considered before the report was finalised. Correspondence was also received from the Bar Council.
A meeting which was scheduled to take place in December with both the Bar Council and Law Society was postponed, however I can assure the Deputy that my officials have had ongoing engagement with the professional bodies and most recently met with the Law Society and the Bar Council in early March. Further submissions from both bodies are awaited, and my Department will continue this engagement in advance of the introduction of the new arrangements on 1 July.
I can further advise the Deputy that the table below sets out the number of solicitors and barristers assigned to the Criminal Legal Aid Panel from the years 2021 to 2025.
|
Year |
Number of Solicitors |
Number of Barristers |
|
2021 |
933 |
812 |
|
2022 |
867 |
760 |
|
2023 |
672 |
740 |
|
2024 |
695 |
712 |
|
2025 |
825 |
760 |
Finally, the changes to the fee structure for Criminal Legal Aid will be made by Regulation.
