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Dáil

Written answer

Legal Aid

Summary

The Minister said July figures are not comparable under the new scheme, which has issued over 1,800 certificates, while its operation remains under review.

121. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether his Department has examined the impact on the administration of justice of the reported 93% reduction in the number of criminal legal aid certificates granted in July 2026, compared with July 2025. [67527/26]

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Jim O'Callaghan Minister for Justice, Home Affairs and Migration Fianna Fáil

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. 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.

I published the Review and Reform Proposal of the Criminal Legal Aid fee structure for the District Court on 2 July 2026, which provides detail on the analysis conducted on these reforms. In considering the need for reform, it is important to note that, while criminal case volumes in the District Court have decreased, expenditure on criminal legal aid in the District Court has increased, from €19 million in 2015 to over €41 million in 2025.

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. 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.

More than 600 solicitors remain on the Criminal Legal Aid panel as criminal cases continue to be dealt with in the courts and I am advised that 24 have recently reapplied to join the panel.

It is important to note that since the introduction of new regulations from July of this year, multiple certificates have not been permitted. As such, since the two systems operate differently, it is not accurate to compare data year on year.

I can inform the Deputy that since the commencement of the new system over 1,800 new certificates for legal aid have issued. Of the cases concluded under the new system since 1st July 2026, 75% concluded with one court appearance only and 99% of concluded cases were finalised within five appearances.

Since October 2025, there has been ongoing engagement between myself and my officials with the Law Society and Bar Council in relation to the changes to the criminal legal aid fee structure. My department continues to keep the operation of the new criminal legal aid arrangements in the District Court under review.

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