Dáil Éireann Debate, Thursday - 14 May 2026
51. 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. [35606/26]
Amharc ar fhreagra65. 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. [35605/26]
Amharc ar fhreagraI propose to take Questions Nos. 51 and 65 together.
It is important to recall 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 the fees. And the third is to enact the Criminal Justice (Legal Aid) Bill. It is my intention to fulfil all three commitments.
I want to say clearly that 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. 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.
The reform of the criminal legal aid fee structure in the District Court 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.
In considering the need for reform, it is important to note 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. My Department reviewed more than 350,000 District Court cases which took place during 2022 and 2023. The reforms aim to address structural issues identified during this review, such as unnecessary adjournments resulting from the payment per appearance model.
My Department has been engaging extensively with relevant stakeholders, including legal professionals and their representative bodies, on the proposed changes to the scheme. Officials from my Department met with the Bar Council and Law Society in May, July and October 2025, and again in March 2026 and I have written to the two bodies recently offering to meet with them to discuss my proposals.
