Talks Ahead, but Minister Unmoved on Flat-Fee Proposal

Published: By Dr Brian Hunt, Director of Policy
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  • Policy
  • Criminal Law

In a letter to the Law Society in May, the Minister for Justice, Home Affairs and Migration reaffirmed his intention to push ahead with the flat-fee proposal on 1 July, despite widespread objections and deep-seated concerns raised by practitioners across the country.

Echoing his earlier statements in the Dáil, the Minister maintains that the proposal is aimed primarily at improving efficiencies, speeding up case resolution, and reducing ‘unnecessary adjournments’, while ensuring fair and sustainable remuneration for legal practitioners.

The letter is strikingly frank in expressing the view that the increased use of counsel in the District Court is undesirable and implies this is a practice requiring intervention.

Although the Minister’s letter shows no acceptance of the concerns set out in the Law Society’s submission, he signalled an intention to engage further with the Society.

The Law Society has responded to the Minister, welcoming the prospect of further discussion but has expressed serious concern that the Department’s proposals rely on incomplete and unreliable analysis. The Department’s underpinning report cites high numbers of adjournments but cannot identify who sought them, and, in the absence of any evidence, wrongly attributes those delays to defendants and their solicitors. In reality, most adjournments stem from statutory requirements and State‑side delays associated with disclosure, DPP directions, the furnishing of reports, and interpreter availability.

In recent weeks, the Law Society has stepped up its engagement with opposition Justice spokespersons, members of the Joint Oireachtas Committee on Justice, and Government backbenchers to ensure they have a clear understanding of the seriousness of practitioners’ concerns.

The Law Society’s position is clear: any change to criminal legal aid must be workable, fair, and evidence-based.