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Legal aid crux a risk to justice administration

The Law Society has warned that the ongoing criminal legal aid dispute risks disrupting the administration of justice as the new legal term begins next month.

It has renewed its call for the appointment of an independent mediator to help resolve the two remaining issues at the centre of the impasse.

Appearing before the Joint Committee on Justice, Home Affairs and Migration as part of its examination of Criminal Legal Aid (22 September), the Law Society said that urgent intervention is required to ensure accused people can access legal representation and that criminal trials can proceed without further disruption.

Engage directly

The Law Society has called on Justice Minister Jim O'Callaghan to engage directly and support an independent mediation process aimed at reaching a workable resolution ahead of the commencement of the new legal term in October.

From the outset, criminal law practitioners and the Law Society have called on the Minister to address these two core issues with the Criminal Legal Aid Scheme, neither of which has yet been resolved:

• Unjustifiable treatment of separate and distinct criminal cases as a single matter where they happen, for efficiency, to come before the court on the same day, and
• Absence of any practical mechanism to address cases of extended duration involving exceptionally high numbers of court appearances. Typically, these cases involve children, people with mental health issues, and people remanded in custody by judges.

Law Society President Rosemarie Loftus told the committee: "This dispute is already having a real impact on access to justice and the effective operation of our courts."

Impasse

“Up until now, this impasse predominantly affected the District Court. Next month all courts will be badly affected, unless something significant changes and a resolution is found. This includes the Circuit Court and the Central Criminal Court, where the most serious and complex cases are dealt with and I am extremely concerned about the impact this dispute will have on victims of crime.

"Defendants will also be adversely affected by delays. Everyone accused of a criminal offence is entitled to legal representation, and the State has a responsibility to ensure that representation is available.

“The Law Society remains committed to constructive engagement and to achieving a fair and workable outcome so that meaningful progress can be made and confidence restored in the justice system."

The impact of the current dispute is evident with the number of criminal legal aid certificates granted falling dramatically by 93% from 10,277 in July 2025 to just 702 in July 2026.

“The number of criminal legal aid certs issued in August is down 86%, falling from 2,868 in 2025 to just 394 in 2026. Initial data for September also shows a large decline in the number of certs issued compared to the 10,536 that issued in September last year, according to data provided by the Courts Service.

Impact 

The figures reflect the impact the current dispute is having on access to justice and demonstrate the need for changes to be made to the scheme.”

Amanda Connolly (vice-chair of Criminal Law Committee) said: "With the commencement of the new legal term only weeks away, the need to resolve the outstanding issues in this dispute is becoming increasingly urgent. 

“October is one of the busiest periods in the criminal courts calendar, when a high volume of trials are listed, particularly lengthy and complex cases that can run for weeks.”

"The availability of legal representation will be essential if these trials are to proceed. Every day that passes increases uncertainty for accused persons, victims and the wider justice system.

“We remain committed to finding a constructive solution, and we urge the Minister to engage directly with us, including through independent mediation, so that progress can be made without further delay.”

The new scheme came into effect on 1 July.

Reform overdue

The Law Society has consistently said that reform of criminal legal aid is necessary and overdue, but that the new model does not adequately reflect the reality, complexity or duration of criminal cases.