Legal Aid
Seanad Éireann — 2026-05-26
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Colm Brophy (FG), Dublin South-West

I thank the Senator. It is important to remember that the programme for Government contains three commitments in relation to criminal legal aid, namely, to reform the operation of the criminal legal aid scheme; restore the fees, and enact the criminal justice (legal aid) Bill. It is the Minister, Deputy O'Callaghan’s intention to fulfil all three commitments. The Minister fully recognises the crucial role played by the legal profession in the effective administration of criminal justice. Equally, the criminal legal aid scheme is fundamental to upholding the constitutional human right to a legal defence.
The Minister's only objective in making these reforms is to make the system more effective and efficient while ensuring that those accused of crimes, including those who are vulnerable or disadvantaged, are provided with the legal representation to which they are constitutionally entitled.
The reform of the criminal legal aid fee structure in the District Court will not affect the ability of legal professionals to engage in criminal legal aid work. Neither is it intended to reduce the cost to the State of providing criminal legal aid. Rather, it will improve efficiencies, reduce unnecessary adjournments, simplify the administration of criminal legal aid, speed up case resolution and enable faster payments to practitioners. For cases in the District Court, regardless of the number of appearances, a set fee will be payable to solicitors. The new structure will also provide for a full separate set fee for each defendant in court on a given day. This reform will be a major improvement on the current fee structure.
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 nearly doubled, from €19 million in 2015 to €37 million in 2024. The Department of Justice, Home Affairs and Migration reviewed more than 350,000 District Court cases which took place during 2022 and 2023. The reforms aim to address structural issues identified during this review, such as unnecessary adjournments resulting from the payment-per-appearance model, which also impact those who are vulnerable or disadvantaged.
The Department of Justice, Home Affairs and Migration has been engaging extensively with relevant stakeholders, including An Garda Síochána, the Probation Service and the Courts Service, as well as legal professionals and their representative bodies, on the review and proposed changes to the scheme. Officials from the Department met with the Bar Council and the Law Society in May, July and October 2025 and again in March 2026. The Minister, Deputy O'Callaghan, has written to those two bodies recently offering to meet with them to discuss the proposals.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-26/debate/main
Retrieved: 2026-08-14T04:54:59+00:00
Sitting date: 2026-05-26