President in mediation bid on legal-aid row
A mediator should be appointed to untangle the current difficulties in the criminal legal-aid scheme, Law Society President Rosemarie Loftus has said in a letter to Justice Minister Jim O’Callaghan.
The president reiterates that the Law Society remains committed to engaging constructively with the minister and his department.
“Our ultimate objective is the same as yours – a sustainable criminal legal-aid system that protects access to justice, supports the effective administration of justice, and commands the confidence of those who use it, need it, rely on it, and work in it,” the letter states.
Disappointing
The president adds that a letter from the minister (27 August) is disappointing, in that it fails to address fundamental issues at the heart of the current dispute.
Courts Service figures for July 2026 show that the number of legal-aid certificates granted is down 93% – from 10,277 a year earlier to just 702
“As you know, behind each of these numbers is a defendant without representation, a victim whose wait for justice keeps getting adjourned, a garda anxious to bring a case to conclusion – and many others who are directly impacted,” the letter says.
“Given the official data, I was surprised by your comment that the criminal courts are functioning ‘effectively’,” the president continues.
“I believe there is merit in considering the appointment of an independent mediator to assist the parties in finding a resolution.
“An experienced independent mediator could help bridge the gap between your policy objectives and the practical realities experienced by practitioners on the ground,” President Rosemarie Loftus adds.
Recent engagement
The letter points out that recent engagement has helped to narrow the issues in dispute to two outstanding matters:
- Treatment of separate and distinct criminal cases as a single matter where they happen to come before the court on the same day, and
- Absence of practical mechanism to deal with exceptional cases that often concern children and those with mental-health issues, which can involve unusually high numbers of court appearances over an extended period.
Meanwhile, the Law Society's Criminal Law Committee has invited all solicitors currently working in or considering the field of criminal law to attend an in-person meeting.
It will be held on Wednesday 16 September (11am) at the Presidents' Hall, the Law Society, Blackhall Place, Dublin 7.
Book your place now.
For queries, please contact solicitorservices@lawsociety.ie.