Dáil Éireann Debate, Monday - 7 September 2026
2125. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration whether his Department maintains, as a general matter of governance, the risk assessment or risk register entry relating to continuity of legal representation in criminal proceedings; the date any such entry was created or last reviewed; and if he will make a statement on the matter. [59606/26]
Amharc ar fhreagra2130. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration whether any assessment was carried out of the adequacy of a single flat fee for more serious or more resource-intensive District Court matters; and if he will make a statement on the matter. [59652/26]
Amharc ar fhreagra2139. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 588 of 14 July 2026, which provided annual national totals only, to provide the number of criminal legal aid certificates granted in the District Court in the period 1 to 14 July in each of the years 2024, 2025 and 2026, by court district, in tabular form; and if he will make a statement on the matter. [59743/26]
Amharc ar fhreagra2140. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question Nos. 319 and 320 of 15 July 2026, which provided national figures only, to provide the number of criminal legal aid certificates granted in the Cork District Court area in each month from January 2026 to date, the number of solicitors on the criminal legal aid panel serving the Cork District Court area; the number who have resigned from that panel since 1 June 2026; and if he will make a statement on the matter. [59747/26]
Amharc ar fhreagra2517. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration to set out the research, data analysis or evidence base relied upon by the Department in designing the fee structure of the revised criminal legal aid scheme introduced on 1 July 2026, in particular in respect of cases involving multiple separate charges listed on the same day and cases of extended duration; and if he will make a statement on the matter. [63107/26]
Amharc ar fhreagra2518. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the number of meetings that have taken place between his Department and representatives of the criminal defence profession, including the Law Society of Ireland, regarding the revised criminal legal aid scheme since 1 July 2026; the dates of those meetings; and if he will make a statement on the matter. [63106/26]
Amharc ar fhreagra2519. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration if his Department has issued a substantive response to the correspondence received from the Law Society of Ireland dated 31 July 2026 and 24 August 2026 concerning the operation of the revised criminal legal aid scheme; the date on which such a response issued or is expected to issue; and if he will make a statement on the matter. [63105/26]
Amharc ar fhreagra2520. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration whether the Department is monitoring the number of solicitors participating in the revised criminal legal aid scheme since 1 July 2026; and if he will make a statement on the matter. [63114/26]
Amharc ar fhreagra2521. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration to set out the terms of reference and the expected completion date of the review of the criminal legal aid scheme announced by the Department; whether interim adjustments to the scheme will be considered pending the outcome of that review; and if he will make a statement on the matter. [63113/26]
Amharc ar fhreagraI propose to take Questions Nos. 2125, 2130, 2139, 2140, 2517, 2518, 2519, 2520 and 2521 together.
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.
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. Information requested in relation to the issuance of criminal legal aid certificates by the Courts should be directed to the Courts Service. 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.
The Review and Reform Proposal of the Criminal Legal Aid fee structure for the District Court published on 2 July 2026 provides detail on the analysis conducted on these reforms. I am committed to improving efficiencies for court users, legal practitioners and the Irish taxpayer. The new District Court Criminal Legal Aid Scheme will allow for those efficiencies.
There has been ongoing engagement between officials in the Department of Justice and the Law Society and Bar Council in relation to proposed changes to criminal legal aid fee structure, since October 2025, and I also wrote to the Law Society on these matters as recently as last Thursday week, 27 August 2026. I met with the Law Society of Ireland in July and listened to the issues raised by criminal practitioners regarding the Criminal Legal Aid Scheme which commenced on 1 July 2026.
On foot of that engagement and at the request of the Law Society, I agreed to pay two thirds of the new €520 fee at the commencement of a case, with the remaining third to be paid at the conclusion of the case or after 12 months, whichever is earlier. The fee of €520, up from €455, is equivalent to the payment for 5 appearances in a case under the old system, adjusted to reverse the outstanding 8% cut under FEMPI. In addition, I agreed to increase the proposed fee for District Court cases going to the Circuit or higher courts from €100 to €520 and also introduced a separate fee of €80 for certificates issued following the execution of bench warrants.
The further changes sought by Law Society are not compatible with the objectives of the reforms introduced as they would in practice reintroduce the possibility of multiple certificates being awarded in circumstances where the intention is to move to a single fee per case. It should also be noted that the flat fee has been set at a level intended to compensate, across the overall caseload, for cases where multiple certificates would have been granted under the previous system.
My Department continues to keep the operation of the new criminal legal aid arrangements in the District Court under review following their introduction. As part of this review process, I have already indicated the possibility of considering modifications to reflect the distinct nature of cases that may require a large number of hearings, such as cases before the Children’s Court and remand hearings.
