The dispute between the Law Society of Ireland and the Department of Justice over recent changes to the Criminal Legal Aid Scheme remains unresolved following the Department of Justice’s insistence that mediation has no role to play in resolving the current impasse.

In correspondence of 7 October to our President, Rosemarie Loftus, the Minister again rejected a proposal to enter mediation aimed at resolving concerns surrounding the revised scheme. While expressing support for mediation in principle, he argued that such a process would be inappropriate while legal proceedings remain before the courts, noting that a High Court judgment in a related judicial review is still awaited.

The Minister also defended the basis of the reforms, dismissing suggestions that they were founded on a misunderstanding of how criminal cases progress through the District Court. He stated that the Department’s review drew on extensive engagement with stakeholders across the justice sector and was informed by analysis of available data.

Addressing criticism from the Law Society, the Minister questioned what he described as an inconsistency in the Law Society’s position. He noted that, while the reforms have been characterised as fundamentally flawed, the Law Society has also suggested that a limited number of amendments could address many of its concerns.

The correspondence further defends the Department’s decision not to release certain case-level data, citing data protection obligations without providing a clear ground for refusal. The Minister maintained that the revised fee structure, including the new €520 criminal legal aid fee, is supported by evidence showing the historical average number of court appearances in legally aided cases.

Despite the ongoing disagreement, the Minister reiterated his willingness to continue engaging with the Law Society and indicated that further discussions could take place once additional data reviews, including reviews of the Children's Courts, are completed.