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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Criminal legal aid fees

Summary

Deputy Ahern accused the Justice Minister of undermining criminal justice through changes to District Court legal aid fees and withholding supporting data. The Tánaiste said fees were being restored and that reform toward a flat-fee model was under way.

The Minister for justice, as part of his long-running campaign for the Fianna Fáil leadership, is in the process of critically undermining our system of criminal justice. He has introduced a new fee structure for District Court criminal legal aid without proper engagement or consultation with the practitioners involved. The Minister is asking criminal law solicitors to run entire cases for the same amount that he would have charged for one hour of his own time as a commercial law senior counsel. The Minister now refuses to publish the underlying data being used to justify the move to a flat fee. If the evidence is as the Minister says, why will he not publish it? I would have thought he would be familiar with the concept of discovery, whereby the other side in a case can test the evidence being relied on.

Solicitors are resigning en masse across the country from legal aid panels. It is awful to see. Will the Tánaiste intervene? Is Fine Gael happy to see criminal prosecutions being put at risk? Will he ensure there is a pause to allow for engagement and consultation? Will he ensure the underlying data informing the Department’s report is published?

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Simon Harris The Tánaiste Fine Gael

I thank Deputy Ahern for that colourful intervention, but on an important matter. The Minister for justice has introduced an 8% increase in criminal legal aid fees payable to solicitors and barristers in both the Circuit Court and High Court from 1 July. This is now a total restoration of criminal legal aid fees cut under the financial emergency measures in the public interest, FEMPI. He has also proposed, and is trying to bring about reform with, a move to a flat-fee model. I would also point out that he has moved on the level of that fee. The figure represents the current fee paid for five appearances in the District Court, plus an 8% increase. The weighted average of appearances by a solicitor in criminal cases legally aided is five, but many cases obviously require fewer appearances to be concluded.

Everyone wants to see progress on this. The Minister is pursuing a reform agenda. No one wants to see justice in any way delayed or disrupted. I am informed that no solicitor has formally resigned or withdrawn their name from the criminal legal aid panel, but I have certainly heard media commentary to the contrary. I think three solicitors wrote to the Department indicating they would be seeking to withdraw from the panel, but I hope a resolution can be found. I understand and support the reforms the Minister is trying to bring about.

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