The Criminal Legal Aid Scheme is an important element of the criminal justice system and is fundamental to upholding the constitutional and human right to a legal defence.
The Minister for Justice, Home Affairs and Migration has overall policy responsibility for the Criminal Legal Aid Scheme, and managing the delivery of public services within budgetary allocations while also ensuring that value for money is achieved is the responsibility of each Minister and their Department.
The Criminal Justice (Legal Aid) Act 1962 is the primary legislation which provides for the operation of the Criminal Legal Aid Scheme. As set out in the 1962 Act, it is the role of the Minister for Justice, Home Affairs and Migration to prescribe the fee rates paid under the Scheme with the consent of the Minister for Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
As the Deputy may be aware, there is ongoing engagement at official level regarding operational and expenditure related matters, and this included engagement regarding the changes to the Criminal Legal Aid Scheme that the Minister for Justice has introduced. Earlier this year the Minister also informed the Government of his intention to introduce changes to the fee structure on 1 July 2026.
I note that the Minister for Justice, Home Affairs and Migration has indicated that his officials will continue to keep the operation of the new criminal legal aid arrangements under review, and the objective of these reforms is a fair, sustainable and efficient framework for the delivery of criminal legal aid.