Seanad debates

Tuesday, 3 October 2023

Nithe i dtosach suíonna - Commencement Matters

Legal Aid

1:00 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I welcome the Minister of State. It is a sad day that outside every criminal court in Ireland, the barristers' profession is standing in protest against the unjust actions of our Government, which has been blind to a serious unfairness visited on them. From 2008 to 2011, there was a reduction in barristers' fees, in light of the economic crisis of the time, of between 28% and 69%. In real terms, there has been a reduction of 40% in legal aid fees for barristers since 2002. Nearly everybody else in any criminal court, be it the judge, the registrar, gardaí or State solicitors, has had their pay restored, but somebody in the Department of Public Expenditure, National Development Plan Delivery and Reform has taken a consistent view that barristers should be singled out for a punitive failure to implement the terms of the Haddington Road agreement and financial emergency measures in the public interest, FEMPI, which called for reviews of reductions.Even though those reviews have been carried out pursuant to statute and a recommendation has been made that the pay rates for these people should be restored, nothing has been done. That is very sad.

I spoke in the Seanad in May of last year and I said on that occasion that this was a scandal. I wrote to the Minister for Public Expenditure, National Development Plan Delivery and Reform, Deputy Donohoe, and I pointed out to him that in July I had been present at a dinner where the Minister for Justice, Deputy McEntee, said:

I of course recognise the vital role played by barristers in undertaking criminal legal aid work. I see no good reason why those in the legal profession are left waiting for crisis-era reductions to be restored, while public and civil servants have had their pay restored. It is very much on my agenda for the upcoming budgetary process and my discussions with Minister Donohoe.

The time has now come for the Government to - I will not use a crudity - get off the fence and deliver justice to people who are working at rates that nobody else in these Houses would work for.

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