Dáil Éireann Debate, Tuesday - 28 July 2026
2209. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the number of District Court cases adjourned since 1 July 2026 arising from the withdrawal of solicitors from the Criminal Legal Aid panel; the number of persons who appeared before the courts without legal representation in that period; and if he will make a statement on the matter. [56143/26]
Amharc ar fhreagra2238. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the number of accused persons who have appeared before the District Court without legal representation since 1 July 2026; the number of cases adjourned or remanded by reason of the unavailability of a legal aid solicitor; the number of such cases involving a person in custody; and if he will make a statement on the matter. [56479/26]
Amharc ar fhreagraI propose to take Questions Nos. 2209 and 2238 together.
Under the Criminal Justice (Legal Aid) Act 1962, it is the Courts, through the judiciary, that are responsible for the granting of legal aid.
The Department of Justice, Home Affairs and Migration has no involvement in the granting of free legal aid or the assignment of solicitors. These matters are handled entirely by the courts.
Management of the courts, operational matters such as allocation of court business, the scheduling of cases and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas, at oireachtasenquiries@courts.ie.
Due to a number of applications under Article 40.4 of the Constitution and the recent High Court challenge, the Department of Justice, Home Affairs and Migration does not comment on matters before the Courts.
The changes to the Criminal Legal Aid Scheme in the District Court that came into effect on Wednesday 1 July are designed to make the system more efficient and effective.
For cases in the District Court, regardless of the number of appearances, a set fee is payable to solicitors, replacing the previous appearance-based sliding scale. The new structure also provides for a full separate set fee for each defendant in court on a given day.
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.
The Department continues to keep the operation of the new criminal legal aid arrangements in the District Court under review following their introduction, including monitoring claims for fees, entries to and exits from the panel of solicitors and overall operations within the courts.
