Dáil Éireann Debate, Tuesday - 29 September 2026
549. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the reason he ruled out mediation in the criminal legal aid dispute on the basis of ongoing judicial review proceedings, given that mediation can take place alongside court proceedings. [68175/26]
View answer558. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration given the disruption resulting from the criminal legal aid dispute, if he will now enter into direct negotiations with the representative bodies concerned or agree to independent mediation; the specific outstanding issues which, in his view, prevent resolution of the dispute; the steps he will take to ensure that access to legal representation and the rights of defendants and victims are protected; and if he will make a statement on the matter. [68368/26]
View answerI propose to take Questions Nos. 549 and 558 together.
The reform of the criminal legal aid fee structure in the District Court is designed to improve efficiencies, reduce unnecessary adjournments, simplify the administration of criminal legal aid, speed up case resolution and enable faster payments to practitioners. Since the commencement of the new system, and as of 25 September, almost 2,200 new certificates (invoices for payment) for legal aid have issued with an approximate total value of €1.14 million in the District Court alone.
It should be noted that, 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 Department of Justice, Home Affairs and Migration has no involvement in the granting of free legal aid or the assignment of solicitors. These matters are handled entirely by the courts. Under the Courts Service Act 1998, the management and administration of the courts is a matter for the Courts Service, while the allocation of court business, the scheduling of cases and the management of court lists are matters for the Judiciary, in particular the Presidents of the Courts.
Of the cases concluded under the new system, since 1st July 2026, 75% concluded with one appearance only in court and 99% of concluded cases were finalised within five appearances. Previously, where a case concluded in one appearance, the solicitor was paid approximately €240. Now they are paid €520.
There has been constructive engagement between officials in my Department and the Law Society and Bar Council in relation to the changes to the scheme since October 2025. Submissions from representative bodies have also been invited, received, and considered. I responded to a letter from the Law Society requesting mediation on 15 September and clarified that I do not believe it would be appropriate to participate in a mediation process concerning the revised scheme given that the new Regulations underpinning the scheme are the subject of Judicial Review proceedings and the High Court has already heard the arguments in relation to their lawfulness.
I understand that judgment will be delivered in this matter on 13 October, and the outcome should bring greater clarity and certainty for all stakeholders regarding the legal framework governing the reforms and any future implementation measures. In the meantime, my Department will continue to keep the operation of the new scheme under review.
