Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank all three Deputies for raising this important matter. I appreciate the important role that our legal profession, our barristers and solicitors, play in the administration of criminal justice. I am aware of the proposed withdrawal of services on 9 July, 15 July and 24 July. Like everyone here, I hope this can be avoided. My Department has commenced a review of criminal legal aid. We have a dedicated team of officials working on this. The Department will continue to engage with all relevant stakeholders, including the legal profession, on the modernisation and funding of the legal aid system. Following last year’s increase, a process examining overall reform was committed to, and it was to work in tandem with the legal provision. The team is currently laying down the foundations for an improved, more efficient system of administering criminal legal aid and intends to work collaboratively with all relevant stakeholders. Again, the review and modernisation of the criminal legal aid scheme have been discussed with the Bar Council and Law Society of Ireland. My officials met them recently and I have had conversations in this regard also. Their input is extremely important as part of the overall process.

Last summer, as the Deputies rightly stated, I told the Bar Council that I saw no good reason the legal profession was left waiting for crisis-era reductions to be reversed. That is still very much my position. I said last summer that I wanted to make progress on criminal legal aid in last year’s budget and I did just that. I secured €9 million in additional funding to provide for the 10% increase in criminal legal aid fees, which came into effect from 1 January 2024. I believe this represented progress. I will be equally clear regarding my intentions for this year. I will again seek to make progress in this year’s budget in regard to the restoration of criminal legal aid fees; however, as the Deputies will all be aware, we cannot make budget announcements months ahead of budget day. A budgetary process must be followed here. While I cannot pre-empt a budgetary decision, I hope the progress we achieved last year is a sign of good faith on my part and the part of the Government to the effect that more can be achieved this year.

To further modernise the criminal legal aid system, the general scheme of the Criminal Justice (Legal Aid) Bill 2023 was published in July of last year. The key purpose of the Bill is to transfer the administration of the criminal legal aid scheme to the Legal Aid Board and otherwise update the administration of criminal legal aid. The Bill will modernise the operation of the criminal legal aid scheme, introducing strengthened oversight and governance structures, moving it to a more modern and online system, which is obviously quicker and more effective for everybody.

Officials in my Department have recently met representatives of the Bar Council and Law Society of Ireland, and it is my intention that significant progress will be made on this matter as Department officials continue to engage with the legal profession. The overall reform has not been progressed as much as I would like. However, a lot of work has been done in the background, and we are making progress in that regard. Separately, I have made very clear my intention to try to make further progress, but all of us, being Deputies, understand how the budget works and that it is not possible for me to stand here and say I will be able to commit to amount X in terms of restoration. However, I am very clear that I believe the fees should be fully restored. I have made progress already and intend to continue to do so. Obviously, however, I would prefer not to have services withdrawn. I am very much aware of the impact this would have on the overall system. We cannot commit to restoration prior to a budget but I am very clear about my commitment to try to restore fees overall.

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