The introduction of the Criminal Justice (Legal Aid) (Amendment) Regulations 2026 on 1 July marked a significant change in how Criminal Legal Aid work is recognised at District Court level. The new Regulations replaced the appearance-based model with a flat-fee system, a change that continues to be strongly opposed by the Law Society and criminal law practitioners.

Under the new Regulations:

• a flat fee of €520 is payable per accused, irrespective of the number of charges and irrespective of the duration of, or complexity of, a case
• one accused, one fee, applies irrespective of the number or variety of charges
• payment of the flat fee is only due on the making of the final order
• there is no provision for an enhanced fee for categories of cases known to be of longer duration

Prior to the introduction of the flat-fee model, a number of changes were secured:

• an increase in the flat fee from €455 to €520
• replacement of the proposed €100 fee for cases on indictment with a fee of €520
• introduction of a separate fee of €80 for assistance with the execution of a bench warrant

Information meetings for criminal law practitioners

The Law Society hosted a series of information meetings for criminal law practitioners in June, providing an opportunity for solicitors to discuss the proposed changes and their implications for practice.

Attendance at the meetings reflected the level of concern within the profession:

• 9 June (in person) with 150 practitioners
• 19 June (online) with over 300 practitioners
• 29 June (online) with over 370 practitioners

Representatives from the Department of Justice were invited the first two meetings but declined to attend.

As concerns about the new scheme continued to grow, a special meeting of the Law Society Council was convened by the President on 29 June to discuss Criminal Legal Aid and underline the Law Society's continued opposition to the changes.

The following day, on 30 June, the Law Society made a presentation on Criminal Legal Aid to the Oireachtas Joint Committee on Justice, Home Affairs and Migration.

Survey of Criminal Law Practitioners

To assess the impact of the changes on practitioners, the Law Society conducted a poll of criminal law solicitors.

A total of 261 practitioners responded. When the poll closed on 10 July:

• three solicitors said they were continuing to accept work under the Criminal Legal Aid Scheme
• 80 advised that they had completely resigned from the Criminal Legal Aid panel
• 198 stated that they were declining work

Meetings at Leinster House

On 15 July, the Law Society organised a series of meetings at Leinster House with Ministers, TDs and Senators from both Government and Opposition parties.

The purpose of the initiative was to give solicitors working in criminal law across the country the opportunity to meet their local representatives and explain directly the negative impact of the changes.

In total, 95 practitioners participated in 74 meetings involving more than 80 TDs and Senators.

Media coverage

The Law Society's Press Office continues to work with national and regional media outlets to secure comprehensive coverage of the issues arising from the changes to the Criminal Legal Aid Scheme.

Judicial Review

A High Court challenge to the changes has been taken by solicitor John Quinn. Mr Quinn has secured leave to apply for a Judicial Review seeking a number of reliefs, including:

• an Order of Certiorari quashing SI No. 303 of 2026
• a declaration that the SI is ultra vires
• a stay on the effect of the SI

The hearing is expected to take place on 30 and 31 July 2026. The Law Society is a Notice Party to the proceedings.

Dáil Motion

The Social Democrats and, separately, Sinn Féin, have each tabled a Dáil motion seeking to annul SI No. 303 of 2026.

Section 10(3) of the Criminal Justice (Legal Aid) Act 1962 provides that a motion may be moved within 21 sitting days. The Dáil is due to resume on 17 September.

Looking ahead

While the new Regulations have now come into force, engagement on the issue continues. Through practitioner engagement, political advocacy, media activity and developments before the courts, the debate on the future of Criminal Legal Aid remains firmly in focus. The Law Society continues to oppose the flat-fee model and to highlight to Government the concerns being raised by criminal law practitioners throughout the country.