Criminal legal aid reforms
Deputy Brennan warned that proposed flat-fee criminal legal aid payments could damage District Court practice and lead to withdrawals of service. The Taoiseach said the reform was meant to improve efficiency, not cut the State's legal aid spend.
I wish to speak today about the proposed reforms to the criminal legal aid system, which include the introduction of a flat fee payment model for legally aided District Court cases. It is proposed that solicitors would receive a single payment of €455 for District Court criminal cases, regardless of the number of court appearances involved. Members of Criminal Justice Solicitors Ireland have raised serious concerns and are urgently seeking engagement on this matter. They have already begun withdrawing service from certain aspects of criminal legal aid work until further notice. This will have a detrimental impact on the operation of courts and the administration of justice. Further engagement must be opened as a matter of urgency.
I have spoken to solicitors in Wexford and Wicklow who have told me of one case where a solicitor made as many as 27 appearances on behalf of one client. How is this a reasonable payment for that level of work?
Comment on this
We need to be careful on all fronts in the sense that the Minister fully recognises the critical role played by the legal profession in the effective administration of criminal justice. There is no intention here to reduce the cost to the State of providing criminal legal aid. I will just point out that expenditure on criminal legal aid in the District Court has nearly doubled, from €19 million in 2015 to €37 million in 2024. The reform here is primarily aimed at improving efficiencies, speeding up case resolution - there is an issue if there are 29 appearances - and reducing unnecessary adjournments, while ensuring fair and sustainable remuneration for legal practitioners. There is a lot of merit in what the Minister is proposing. He met with the Bar Council on 27 May and the Law Society on 29 May, last week. The Department will continue to engage with all relevant stakeholders, including the Law Society and Bar Council, in advance of the reforms being introduced.