Written answers

Tuesday, 23 May 2023

Department of Public Expenditure and Reform

Courts Service

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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246. To ask the Minister for Public Expenditure and Reform the engagements he has had with the Department of Justice in relation to the restoration of barrister fees under the criminal legal aid scheme following FEMPI cuts; and if he will make a statement on the matter. [24097/23]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy may be aware, based on Government decisions and as part of a broader Government need to reduce costs across the public service, the Minister for Justice exercised powers conferred to them under section 10(1)(b) of the Criminal Justice (Legal Aid) Act 1962 to apply reductions to professional fees paid to barristers under the Criminal Legal Aid Scheme in 2009, 2010 and 2011.

The Department of Justice established a Criminal Legal Aid Oversight Committee in 2016, and my officials have been engaging with their counterparts in the Department of Justice since then regarding these matters.

I understand that the Minister for Justice intends to publish the General Scheme of a Criminal Legal Aid Bill that will allow for improved accountability for expenditure, management and control in line with audit requirements. I also understand that the Department of Justice has recently decided to refocus the work of the Criminal Legal Aid Oversight Committee to, amongst other things, advise on the necessary reforms to fees to incentivise greater efficiency in the courts and to ensure that all fees are auditable.

I fully acknowledge and appreciate the very important work undertaken by barristers who prosecute criminal work on behalf of the State. Annual expenditure under the Scheme has risen by €20.5m (39%) in the period 2016-2021, which gives some sense of the scale of the State’s investment in this area.

Officials in my Department continue to engage with the Department of Justice and other relevant stakeholders in relation to this issue as appropriate. It is important that any proposal to adjust legal fees paid under the Criminal Legal Aid Scheme is considered in the context of reform measures that improve the administration of justice, support a transparent and rational framework for providing legal aid, and which help to control costs.

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