In a significant ruling today, the High Court found the new criminal legal aid rules brought in by the Minister for justice, Deputy O'Callaghan, to be "grossly unfair" and "demonstrably illogical". This judgment must be desperately embarrassing for the Minister, and it confirms that what we have described as his Rambo approach to reform has failed.

We all agree on the need for reform, but the Minister's approach has caused chaos in the criminal courts over some months now, with impacts on vulnerable witnesses and persons in the system. We can all recall the very distressing case of the female complainant cross-examined in person by a man who allegedly threatened to kill her and made appalling threats of violence, so the impacts on the administration of justice have been very serious. Now that this judgment has been given, and I know the matter is listed for hearing next week, how does the Minister propose to address this? We have all been pressing the issue. The Labour Party has been pressing for meaningful engagement with the Law Society to resolve matters and ensure that there can be no more chaos and impacts on the administration of justice. How does the Government propose to address this?

We will first consider the judgment the High Court delivered today. The court has requested further submissions from both sides in advance of any final orders being made. It should be noted that the aspects of the new scheme which have been the subject of adverse commentary have already been adjusted or are the focus of ongoing discussions with the Law Society. As the Deputy knows, arising out of earlier engagements with the Law Society, the Minister has already changed aspects of the new scheme, including increasing the flat fee from €455 to €520. He also agreed to split the payment of the fee and confirmed that separate and distinct cases appearing for the first time on different days would attract a new legal aid certificate for the same accused person.

The Minister is entitled to reform the system, particularly following the review of the Department, which raised very significant issues, in particular that cases with criminal legal aid were taking significantly longer than those without it even though the sentencing outcomes were similar, and that there were more appearances and longer trials due to an appearance-based fee structure. That needs to be reformed.