Legal Aid Dail Éireann — 2026-09-16 ============================================================ Matt Carthy (SF), Cavan-Monaghan I thank the Minister for Justice, Home Affairs and Migration for making himself available for this Topical Issue. It is an example his colleagues in Cabinet would do well to follow but I commend him for doing so. I also wish to take the opportunity to put on record my best wishes to Deputy Michael Healy-Rae following the disgraceful attack on him earlier. I am sure the Minister came away from the "RTÉ Investigates" programme like myself. There were seriously concerning revelations in respect of protected disclosures. This Topical Issue is not to discuss that, but that will be a big test for him as Minister. For public confidence in An Garda Síochána and the accountability and structures that were put in place following previous scandals, the public need and deserve to know that they are operating effectively. I am sure we will be discussing that. Regarding the criminal legal aid dispute, it is appropriate that on the first day back, however late, we are getting an opportunity to discuss this matter. The Minister has said that the courts are operating effectively despite the ongoing dispute within the criminal legal aid scheme. That is not the reality. As recently as today, Judge John Hughes in the District Court has warned us all. He sent a very strong warning that people were going to get hurt if this was not resolved. Despite the picture that the Minister has tried to paint, there is chaos in our courts as result of the dispute and the withdrawal of many criminal legal aid practitioners. The dispute has caused widespread adjournments. It has delayed trials and sentencing hearings and created growing case backlogs. It has restricted access to legal representation for many defendants, and it has undermined the efficient operation of the courts. It has done the exact opposite of the Minister's stated objectives, and I know from a number of conversations that it has caused serious distress for many victims who are seeking justice. We know that habeas corpus applications have increased, as some applicants who did not have legal representation have challenged the legality of their detention and sought release from custody. Garda interviews conducted without a solicitor raise concerns and will undoubtedly lead to legal challenges around fair procedures, informed legal advice, the admissibility of evidence and the protection of suspects' rights, and the risk of convictions being challenged. I do not know, and maybe the Minister can confirm, whether he is aware of the reports that the dispute has contributed to significant numbers of defendants actually failing to attend court because in many cases they rely on the solicitors for information. It was reported that more than 25 bench warrants were issued by a single judge in just under two hours in Dublin District Court when around three quarters of listed defendants failed to appear at just one court sitting. The Minister's approach has been one of arrogance. There has been a failure to engage properly and that is at the root of the reason this dispute is ongoing. I have a number of questions that I want to put to him. Does he accept that criminal legal aid is a fundamental part of ensuring access to justice and the right to a fair trial? How many Garda interviews have taken place without a solicitor present because a legal aid solicitor was not available? Can he confirm how many habeas corpu s applications have been before the High Court since 1 July and how much this has cost the State? Is he concerned that some people are held on remand who should not be, while others are being released on bail as a result of habeas corpus applications, when that is probably not appropriate? How many adjournments have resulted from the ongoing dispute? --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-09-16/debate/main Retrieved: 2026-09-28T05:50:48+00:00 Sitting date: 2026-09-16