Written answer
Legal Aid
2452. Deputy Ruairí Ó Murchú asked the Minister for Justice, Home Affairs and Migration to outline any plans to deal with legal aid issues impacting on justice system; and if he will make a statement on the matter. [59395/26]
Comment on this
2424. Deputy John Brady asked the Minister for Justice, Home Affairs and Migration the action she is taking to ensure that an individual’s right to legal representation is currently being honoured; and if he will make a statement on the matter. [58741/26]
Comment on this
I propose to take Questions Nos. 2452 and 2424 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 Criminal Legal Aid Scheme is demand-led and it is for the courts to decide in any given case if legal aid is to be granted. My Department 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
I want to say clearly that I fully recognise the crucial role played by the legal professions in the effective administration of criminal justice, and equally that the Criminal Legal Aid scheme is fundamental to upholding the constitutional and human right to a legal defence.
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. The reform of the criminal legal aid fee structure in the District Court does not affect the ability of legal professionals to engage in criminal legal aid work. 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.
There has been ongoing engagement with the Law Society and the Bar of Ireland over a number of years regarding the reform of criminal legal aid, in October 2025, the Review of the Criminal Legal Aid Scheme was submitted for consideration to the Law Society and the Bar of Ireland. Since then, there has been a high level of engagement, as outlined in my statement issued on 22 July www.gov.ie/en/department-of-justice-home-affairs-and-migration/press-releases/statement-by-minister-for-justice-home-affairs-and-migration-regarding-criminal-legal-aid-dispute/.
Since meeting with their senior leadership on 29 May 2026, no request was received from the Law Society to meet me on this matter until late last week. Officials and I met with the Law Society yesterday, Monday 27 July to discuss moving forward.
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.