James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senators for raising this very important issue. I can assure the House that the Minister for Justice, Deputy McEntee, and I fully recognise the important role played by barristers in the administration of justice, both in the context of working to defend those accused and working with the DPP in respect of prosecutions.

We are engaged in discussions with the Department of Public Expenditure, National Development Plan Delivery and Reform, Deputy Donohoe, on the issue of criminal legal aid fees as part of the budgetary process. I also acknowledge and appreciate the ongoing co-operation and flexibility that is shown by barristers in working with the Government and the courts to improve efficiencies and create a more victim-centred system, including through a number of actions to give effect to the recommendations of Supporting A Victim's Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases.

As the Senators are no doubt aware, my Department administers the criminal legal aid system and is responsible for making payments under the scheme. During the financial crisis, counsel fees were indeed subjected to numerous reductions, which formed part of a broader Government agenda to reduce borrowing costs. In 2018, the then Department of Public Expenditure and Reform sanctioned a review process which was led by the Office of the Director of Public Prosecutions in conjunction with the Department of Justice. This review concluded that there was sufficient ongoing flexibility to justify these cuts being reversed. The Office of the Director of Public Prosecutions and my Department have engaged with the Department of Public Expenditure, National Development Plan Delivery and Reform in relation to the restoration of pay on behalf of both prosecution and defence counsel.There are also valid concerns in criminal law practice about the difficulties in attracting new barristers to the criminal Bar and, indeed, difficulties in retaining those currently practising.

On the restoration of fees and the proposed withdrawal of services, I regret that it has come to this. The Minister for Justice, Deputy McEntee, and I have both met with representatives of the Bar Council on different occasions and explained that there are ongoing discussions with the Minister for Public Expenditure, National Development Plan Delivery, and Reform, Deputy Donohoe, in the context of the upcoming budgetary process. I assure the Senators, as I did the Bar Council, that this matter is, and remains, one that I hope can soon be resolved.