I propose to take Questions Nos. 566, 567, 568, 569, 570, 571, 572 and 573 together.
I fully recognise the critical role played by the legal professions in our criminal justice system. The objective of these reforms was to make the Criminal Legal Aid 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 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.
Furthermore, the new fee is set at a rate that provides for full restoration of the so-called FEMPI cuts in line with the Programme for Government commitment. The fees payable to solicitors in the Circuit and Higher Courts increased by 8% from 1 July 2026 and where a case that starts in the District Court and is tried on indictment in the Circuit Court, the full €520 fee is paid for work carried out in the District Court in addition to increased Circuit and Higher Court fees.
In reviewing the old fee model and formulating this new policy, I was guided by a review carried out by my Department based on an extensive analysis of data compiled by the Courts Service on approximately 350,000 District Court cases in the period 2022-2023. This review is published on the Department's website: www.gov.ie/en/department-of-justice-home-affairs-and-migration/publications/review-and-reform-proposal-of-the-criminal-legal-aid-fee-structure-for-the-district-court/.
The review of District Court cases 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.
It is my clear view that the old fee model was excessively complex, incentivised multiple hearings, delayed trials and was administratively burdensome and inefficient and risked undermining public confidence in the value of legal aid.
To address these challenges, I have introduced the new fee payment model. Under this new model, solicitors are being paid one fee per defendant, regardless of the number of appearances. This has removed the link between payments and the number of appearances or the number of accused represented on a given day.
In relation to the District Court fee structure, there was constructive engagement between officials in the Department of Justice and the Law Society and Bar Council in relation to the proposed changes since October 2025 and submissions were invited, received, and considered.
I met with the Bar Council on 27 May and with the Law Society on 29 May. Officials from my Department also met with the Law Society on 16 and 18 June to discuss the reform of the Criminal Legal Aid scheme.
I wish to emphasise that my officials will continue to keep the operation of the new criminal legal aid arrangements in the District Court under review. This will allow any emerging issues to be identified without delay and addressed where necessary. The objective of these reforms is to provide a fair, sustainable and efficient framework for the delivery of criminal legal aid while maintaining access to high-quality legal representation.
