Lawyers Urge Minister O'Callaghan to Reconsider New Criminal Legal Aid Fee Structure from July 1
Lawyers and civil liberty groups are urging Minister Jim O'Callaghan to reconsider a new flat-fee structure for criminal legal aid, effective July 1. They warn it could undermine fair trial rights and lead to lawyer shortages. The Department of Justice cites increased expenditure despite decreased case volumes as a reason for the change.
Lawyers and civil liberty groups are urging Minister for Justice Jim O'Callaghan to reconsider plans for a new fee structure for criminal legal aid cases in district courts, effective July 1. The Department of Justice is replacing the current per-appearance payment model with a flat-fee of €455, regardless of court appearances. Currently, solicitors receive €239.38 for the first appearance and €59.86 for subsequent hearings. The department claims this change will improve efficiency and speed up case resolution.
The Law Society warns the proposed measures could lead to an «exodus» of lawyers from criminal legal aid work. Solicitor Gary Mulchrone notes that cases often require more than the four to five appearances envisioned by the department, frequently due to state-requested adjournments for DPP directions, forensic testing, or victim impact statements. The Irish Council for Civil Liberties believes these measures will undermine the constitutional right to a fair trial.
Scott Hallion, who utilized the legal aid system, shared that his last case took nearly two years to conclude, highlighting the extensive work involved. The Department of Justice stated that while criminal case volumes in district courts have decreased, expenditure on criminal legal aid nearly doubled from €19 million in 2015 to €37 million in 2024. Victim Support at Court CEO Dympna Kenny supports measures that improve efficiency and reduce the time victims spend in court.