Criminal legal aid reform
Deputy Bacik warned of delays in criminal cases and solicitor resignations linked to criminal legal aid fee reforms, and asked for data and dialogue with the Law Society. The Taoiseach defended the reforms as necessary to improve efficiency and said the Minister is engaging with the Law Society.
A deepening crisis is developing in the criminal justice system. More cases face delays due to the absence of solicitors. More solicitors are resigning from the criminal legal aid panel. This is a mess of the Government's own making. The justice Minister needs to intervene to end the crisis arising from the way in which he has introduced criminal legal aid fees' reforms. He should release the data on the reasons for adjournments, and he should engage urgently in dialogue with the Law Society to resolve this. The Minister said yesterday that he reserves the right to make, in his words, tweaks to his reforms. In one obvious tweak, he could look at section 32 of his SI 303 of 2026, which specifies that the fee will be payable upon the issuing of the final order by the court concerned. It might be possible to negotiate to change it to put in an interim payment method. There must be a sensible way to resolve this. The Taoiseach needs to get the justice Minister to engage to resolve this dispute before any more criminal cases are impacted-----
Comment on this
I am sure the Deputy will agree that for a long time we have been seeking to reform the criminal justice system. There have been many calls for the elimination of inefficiencies. The objective of these reforms is to make the system more effective and efficient. The Minister has introduced a fee of €520 for District Court criminal cases under the criminal legal aid scheme. This figure represents the current fee paid for five appearances in the District Court, plus an 8% increase. The Deputy has said there should be a sensible resolution of this but there has to be reform. We cannot just keep doing the same old thing. In some cases, you can have up to 15 appearances where people are being paid for every separate appearance. That is not on either.
Comment on this
I note the Opposition keeps saying they are for reforming but there comes a time when the Opposition seems to only respond and be reactive in support of every campaign group that develops on any particular issue.
Governments will ruffle feathers from time to time as they bid to bring in reform. The Minister has engaged with the Law Society and will continue to engage with it.