Dáil Éireann Debate, Tuesday - 23 June 2026
564. Deputy Malcolm Byrne asked the Minister for Justice, Home Affairs and Migration if any provision is made concerning payments beyond the flat rate proposed for criminal and civil legal aid fees where a case is complex and may require a number of court appearances. [47861/26]
Amharc ar fhreagraThe 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.
It is proposed from 1 July 2026 to pay a set fee for representation from the beginning to the end of a case in the District Court, removing the link between payments and the number of appearances, or legal aid certificates granted. This proposal is informed by a review carried out my Department, of 350,000 District Court Cases from 2022 and 2023. It is worth noting 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.
The proposed reform aims to address structural issues identified during this review, such as additional adjournments resulting from the payment per appearance model and to speed up case resolution. The fee is being set at a rate that takes account of the full range of cases in the system recognising that some cases will involve relatively few appearances while others will involve more. It is to be expected that practitioners will have a mix of cases and I am satisfied that the new fee will provide an appropriate level of payment for the important work done in our courts by solicitors. The proposal fulfils the Programme for Government commitment to reform criminal legal aid and fully restore fees.
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. Further submissions have been received from the Law Society and from the Bar Council on the 27 March and 2 April respectively.
I recently met with the Bar Council on 27 May and with the Law Society on 29 May. Additionally, Departmental officials have been continuing to engage extensively with relevant stakeholders, including legal professionals and their representative bodies on the proposed changes. Further submissions from representative bodies were also invited, received, and considered. Officials from the Department again met with representatives from the Law Society on 16 and 18 June and there has been further engagement subsequently.
