Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Senators for raising this important matter and I acknowledge their passion for and work on this issue. I will first reiterate my and Minster for Justice, Deputy McEntee's, appreciation of the important role played by barristers and solicitors in the administration of criminal justice. I also acknowledge the important role that women play in this sector, as Senator Seery Kearney pointed out. I am aware of today's withdrawal of services and further proposed withdrawals of services on 15 and 24 July. I hope these further withdrawals can be avoided.

Having undertaken to make progress in criminal legal aid in budget 2024, the Minister did just that. As acknowledged by Senator Ward, the Minister secured €9 million to provide a 10% increase in criminal legal aid fees, with effect from 1 January 2024. The Minister has been equally clear regarding her intentions this year, advising the Dáil last week that this crisis-era reduction should be restored.The Minister will once again seek to make progress in this year’s budget with the restoration of criminal legal aid fees and is working to secure the remainder of the restoration to the fees, namely, the two 8% cuts within the context of the budget.

As Senators will be aware, we cannot make budget announcements months ahead of budget day and there is a budgetary process that must be followed. As part of this work, the Department of Justice has commenced a review of criminal legal aid as linked to last year's 10% increase, and as part of improving the overall system, which includes fees.

A dedicated team of officials are currently working on the review. They are laying the foundations for an improved and more efficient system of administering criminal legal aid and intend to work collaboratively with all stakeholders. Indeed, the review and the modernisation of the criminal legal aid scheme was discussed with the Bar Council and the Law Society when the officials met with them recently. Their input is an important part of the process. The Department will continue to engage with all relevant stakeholders, including the legal professions on the modernisation and the funding of the legal aid system.

To further modernise the criminal legal aid system, the general scheme of the Criminal Justice (Legal Aid) Bill was published in July 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. It is the intention of the Minister for Justice that significant progress will be made on this matter as Department officials continue to engage with the legal profession.

The barristers and solicitors ensuring the fair and effective administration of criminal justice play a crucial part in the justice system. As I have mentioned, the Minister said last summer that she wanted to make progress on criminal legal aid in last year's budget and she did that. She has been clear about her intentions to do that again this year. However, as I am sure Senators can appreciate, nobody can make budget announcements months ahead of budget day. The Minister, and her Department, are committed to continuing to engage with and work with the legal professions and all relevant stakeholders to reach a resolution on this matter.

While I hope further withdrawals of services can be avoided, I understand from the Courts Service that the absence of legal representatives for any reason it is open to each court and judge to adjourn the matter to another date. The Department of Justice has been and will continue to engage with everybody, including the legal professions, on the modernisation and funding of the legal aid system. That really is the key message from the Minister today.