This system is an important instrument safeguarding the constitutional rights to legal representation and to a fair trial.
The proposed reform of the District Court Criminal Legal Aid system put forward by the Department of Justice, Home Affairs and Migration provides for the replacement of an appearances-based system by a flat-fee system.
The reform proposed three types of flat fees:
- Basic
- Enhanced when barristers are involved
- Reduced for indictable cases
The basic fee is equivalent to four appearances, with an 8% increase. If a case takes more than four appearances to conclude, the fifth and any subsequent appearances will not be paid. For more serious cases such as indictable cases, the basic fee of €455 will be reduced to €100.
Serious flaws
The proposed changes to Criminal Legal Aid in the District Court are seriously flawed. They will not work. We have provided a lengthy submission to the Department of Justice, Home Affairs and Migration detailing the reasons why we believe the proposals will not work in practice. They will result in substantial difficulties for a defendant in securing legal representation. Such changes erode the rights to legal representation and fair trial, in particular for the most vulnerable members of society (minors, individuals with mental health issues, learning difficulties or victims of substance abuse).
Crucially, the reforms will result in a situation where access to justice, legal representation and a fair trial will be reserved for those who can afford it.
We disagree with proposed reforms
When questioned on these proposed changes in the Dáil last month, the Minister for Justice, Home Affairs and Migration, Jim O’Callaghan reaffirmed his intention to implement the reform by way of regulation to commence on 1 July 2026.
While he ‘recognises the crucial role played by the legal profession in effective administration of the criminal justice’, the Minister asserted that ‘this proposed reform will not affect the ability of the legal profession to engage in criminal legal aid work’.
The Law Society disagrees strongly with this assertion. Consider the fact that the introduction of a flat-fee approach in Civil Legal Aid cases involving family law led to an exodus of solicitors working under the Civil Legal Aid Scheme. It became unviable to provide the service. A similar impact seems inevitable in respect of Criminal Legal Aid.
Take action
We have been proactively engaging with the Department of Justice over the last two years about how to bring about long overdue and meaningful reforms to the Criminal Legal Aid system.
In spite of this engagement, the Department still seeks to impose a flat-fee model of reforms. This is without any prior consultation on these proposals with criminal law solicitors, who have a practical understanding of how the District Courts and the current Criminal Legal Aid system operates, and of its flaws.
The Law Society calls on all solicitors to directly contact and meet with your local TDs and Senators to convey the realities of criminal practice. Solicitors must make clear to them the level of anger and frustration amongst the profession at what is being proposed by the Minister.