Since the introduction of the Criminal Justice (Legal Aid) Amendment Regulations 2026 on 1 July, there has been significant disruption to criminal court business across the country.

Data obtained from the Courts Service shows a dramatic decline in the number of criminal legal aid certificates granted. Between July 2025 and July 2026, the number of certificates issued fell by 93%, from 10,277 to 702. In August, the number of certificates issued fell by 86% from 2,868 in 2025 to just 394 in 2026.

The scale of this decline continues to raise serious concerns regarding access to justice, the administration of criminal legal aid, and the functioning of the courts.

Changes to the 2026 Regulations

Following engagement with the Law Society and sustained pressure from the profession, the Minister for Justice, Home Affairs and Migration announced on 28 July a number of proposed amendments to the new Regulations:

• The flat fee will be paid in two instalments of €320 following the assignment of the legal aid certificate and €200 at the conclusion of the case, or 12 months after the initial assignment.
• Review of the operation of the new system over the next 6 months.

The Minister also confirmed that:

• any further charge arising from an incident brought after the first remand will attract a separate full fee, and
• travel expenses and subsistence will continue to be payable under the new Scheme.

To date, none of these changes have been made to the Regulations governing the payment of District Court Criminal Legal Aid.

The Law Society remains fully committed and available to engage with the Minister to resolve the outstanding matters, and we are continuing to maintain regular contact with the Department of Justice, Migration and Home Affairs.

On 31 July, the Law Society wrote to the Minister and indicated that the profession would be willing to participate in the new criminal legal aid scheme on a provisional basis pending completion of the proposed review, provided that two outstanding issues were resolved. These issues relate to:

• the granting of a single certificate for multiple cases listed on the same day, and
• the treatment of long-running cases under the new fee structure.

Campaign updates: a call for mediation

In light of the lack of substantive progress during the summer, the Law Society proposed the appointment of an independent mediator to assist in resolving the remaining areas of disagreement.

On 15 September, the Minister rejected the proposal. In doing so, he stated that mediation would not resolve the outstanding issues and argued that it would be inappropriate to engage in such a process in advance of the forthcoming High Court judgment in Quinn v Minister for Justice, which is due to be delivered on 13 October. However, it is clear that the pending decision of the High Court does not serve as a legitimate reason for a refusal to engage with the Law Society to resolve the outstanding issues.

We continue to believe that independent mediation offers the most practical and constructive route to resolving the current impasse.

Judicial Review

As reported on 20 July, a Judicial Review was taken by solicitor John Quinn. The matter was heard before Ms Justice Mary Rose Gearty over two days on 30 and 31 July. Judgment has been reserved and is expected to be delivered on 13 October.

Criminal Legal Aid in the Dáil

Criminal legal aid was raised as a Topical Issue in the Dáil on 16 September by Matt Carthy TD.

The new Regulations and the ongoing dispute have also been the subject of numerous parliamentary questions. A number of these were proposed by the Law Society.

Members can access parliamentary questions and related materials through the Criminal Legal Aid Hub.

Information meetings for criminal law practitioners

On 16 September, the Law Society hosted a further information meeting for criminal law practitioners to provide an update on discussions with the Minister and the Department.

Engagement remained strong, with approximately 240 solicitors attending either in person or online, reflecting the continuing concern within the profession regarding the operation of the new scheme.

Media Coverage

The Law Society's Press Office continues to engage extensively with national and regional media outlets to ensure that discussion of the implications of the new Regulations remain part of the public debate.

Media coverage has highlighted the impact of the dispute on practitioners, defendants and the wider justice system, while reinforcing the Law Society's calls for a practical resolution.

Looking ahead: we need your support

Although the Regulations underpinning the flawed model of Criminal Legal Aid are in force, the Law Society's work on this issue continues. Political engagement, media outreach and practitioner engagement remain central to our efforts to secure meaningful change.

At this critical stage, it is essential that members of the Oireachtas continue to hear directly from practitioners operating within the criminal justice system. We encourage solicitors to contact your local TDs and Senators, whether in person or by telephone, to highlight the urgency of the situation and the need for a resolution.

The strength of the profession's collective voice has been instrumental in bringing criminal legal aid to the forefront of the political agenda. While the Law Society will pursue its efforts, continued engagement by individual practitioners will be vital in ensuring that access to justice, the effective operation of the courts, and the sustainability of criminal legal aid services remain a priority in the weeks ahead.