For clarification purposes, Criminal Legal Aid and Civil Legal Aid are separate services and it is presumed that the Deputy is referring to Criminal Legal Aid in this instance. Under the Criminal Justice (Legal Aid) Act 1962, it is the Courts, through the judiciary, that are responsible for the granting of legal aid.
The Criminal Legal Aid Scheme is demand-led and it is for the courts to decide in any given case if legal aid is to be granted, therefore it is not possible to accurately predict the cost of the Scheme in any given year. However, I can advise that the total criminal legal aid expenditure for 2025 was €120.6 million including appearance fees and other fees and expenses.
As the Deputy will be aware, I introduced an 8% increase in criminal legal aid fees payable to solicitors and barristers in the Circuit Court and higher courts from 1 July 2026. This represents a full restoration of the so-called FEMPI cuts in line with the Programme for Government commitment. I also introduced a flat fee of €520 for District Court criminal cases under the criminal legal aid scheme. This figure represents the current fee paid for five appearances in the District Court plus an 8% increase.