Dáil Éireann Debate, Wednesday - 6 May 2026
635. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the rationale for deferring the restoration of the final 8% of District Court criminal legal aid fees until 1 July 2026; whether he will consider bringing forward this restoration in light of concerns raised by the Bar of Ireland regarding the impact on access to justice; and if he will make a statement on the matter. [32500/26]
Amharc ar fhreagra636. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration whether his Department has assessed the impact that the deferral of District Court fee restoration is having on the availability of experienced barristers willing to take on criminal legal aid work; and if he will make a statement on the matter. [32501/26]
Amharc ar fhreagra637. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the timeline for the substantive review of District Court fees announced by his Department; the terms of reference for that review; the stakeholders being consulted; and if he will make a statement on the matter. [32502/26]
Amharc ar fhreagra638. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration whether his Department has reviewed the operation of the flat-fee model for District Court criminal legal aid; whether he is aware of concerns raised by the Bar of Ireland that the model penalises defence lawyers for procedural delay and adjournments necessitated by essential procedural steps; and if he will make a statement on the matter. [32503/26]
Amharc ar fhreagra639. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration whether his Department has data on the number of experienced practitioners who have ceased taking on District Court criminal legal aid work over the past three years; the steps being taken to prevent an exodus of senior practitioners from this area of practice; and if he will make a statement on the matter. [32504/26]
Amharc ar fhreagra640. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the substantive or administrative overlap between solicitors' fees and barristers' fees in District Court legal aid matters; whether his Department intends to review this overlap as part of the broader fee review; and if he will make a statement on the matter. [32505/26]
Amharc ar fhreagraI propose to take Questions Nos. 635, 636, 637, 638, 639 and 640 together.
The Government recognises the crucial role played by the legal professions in the effective administration of criminal justice.
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.
The reform of the criminal legal aid fee structure in the District Court is aimed primarily at improving efficiencies, speeding up case resolution, and reducing unnecessary adjournments, while ensuring fair and sustainable remuneration for legal practitioners.
It is proposed that from 1 July 2026 a set fee will be paid for representation from the beginning to the end of a case, removing the link between payments and the number of appearances, or legal aid certificates granted.
The proposed reform is not intended to reduce the cost to the State of providing criminal legal aid. It is instead intended to make the system work better for all concerned, by making it more efficient, reducing unnecessary adjournments, simplifying administration and speeding up case resolution. 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.
This proposal is informed by a review carried out my Department, of 350,000 District Court Cases which took place between 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.
My Department is 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 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.
Further submissions were received from the Law Society and the Bar Council on 27 March and 2 April respectively. Together with my officials, I am currently considering the content of these submissions and will continue to engage with the Law Society and Bar Council in advance of the introduction of the new arrangements on 1 July, which includes the full restoration of fees on the same date.
While my Department does not hold data on the numbers of practitioners, experienced or newly qualified, who have ceased to take on Criminal Legal Aid work, I am informed that there has been an increase in the number of practitioners on Criminal Legal Aid panels over the last 3 years, as follows:
|
Year |
No of Solicitors |
No of Barristers |
|
2023 |
672 |
740 |
|
2024 |
695 |
712 |
|
2025 |
825 |
760 |
I can assure the Deputy that my only objective in making these reforms is to make the system more effective and efficient while ensuring that those accused of crimes are provided with the legal representation to which they are constitutionally entitled.
