Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I thank Senator Ward for raising this matter.

I will provide some background on this issue. The Criminal Justice (Legal Aid) Act 1962 gives expression to the constitutional right that free legal aid must be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The Judiciary is responsible for the granting of legal aid. Legal services under the criminal legal aid scheme are provided by private solicitors and barristers who have notified their availability to undertake legal aid work. Thus, they are not public servants but private contractors and are remunerated accordingly. The Department of Justice is responsible for the payment of fees and expenses to these legal practitioners.

As the Senator will be aware, counsel fees under the criminal legal aid scheme were subject to two 8% reductions, which were imposed in March 2009 and April 2010, respectively. These reductions formed part of a broader Government agenda to reduce escalating legal costs and were underpinned by Government decisions. A further reduction was imposed in 2011 primarily to control spending under the criminal legal aid scheme and formed part of a broader Government need to reduce costs across the public service. This was also underpinned by a Government decision.

The Government fully acknowledges and appreciates the very important work undertaken by barristers who prosecute criminal work on behalf of the State. My Department has engaged constructively with key stakeholders, including the Bar Council of Ireland, the Office of the Director of Public Prosecutions and the Department of Justice on this matter. In particular, my Department has sought evidence to support any claims that the reductions imposed are linked to significant recruitment and retention issues thereby potentially adversely affecting the administration of justice.

Based on data put forward by the Bar Council of Ireland to date, there does not appear to be any compelling evidence that the reduction in fees since 2009 has led to significant recruitment or retention issues or to a shortage of counsel prepared to do criminal work to the extent that the operation of the criminal justice system is significantly hampered. My Department of course remains available to review any further information that may be provided. Furthermore, my Department has requested the advice of the Office of the Attorney General seeking clarification as to whether Government has a statutory liability to restore these professional fees. Those advices are awaited.

My Department will continue to keep the matter of these professional fees under review, pending the legal advice that has been sought from the Office of the Attorney General and will continue to engage with key stakeholders, as appropriate.