Simon Harris (Wicklow, Fine Gael)
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While my Department is responsible for administering the Criminal Legal Aid Scheme, we cannot make any changes to the fees without the consent of the Department of Public Expenditure, NDP Delivery and Reform (DPENDPDR).

In March 2009 and October 2011, the fees payable to barristers under the Criminal Legal Aid Scheme were reduced in line with FEMPI legislation. My Department recognises the important role played by barristers in undertaking criminal legal aid work and is aware of the growing concern that the failure to reverse the FEMPI cuts is having a negative impact on the ability to retain Counsel at the criminal bar. My Department supports the reversal of these FEMPI cuts and continues to engage with DPENDPDR as the Department with responsibility for the restoration of barristers’ fees arising from the FEMPI cuts.

It is also important to note that under the Criminal Legal Aid Scheme, my Department pays fees to barristers in the Circuit and Higher Courts in parity with the fees paid to the prosecution counsel by the DPP. With the exception of the District Court (Counsel) scheme, where the Court can appoint Counsel in exceptional circumstances, there is no fee structure for paying defence counsel in the District Court. In the exceptional case where the court does appoint a barrister in the District Court, they are paid at a rate of €572 per case.

Recent media reports have indicated fees as low as €25.20, €50.40 or €67.50 paid to barristers, however, there are no such fees under the Criminal Legal Aid Scheme and my Department does not and cannot pay fees for those amounts. My officials have been given to understand that there may be informal arrangements in place whereby solicitors pay barristers part of the fee that they receive from my Department as this arrangement enables newly qualified barristers gain greater experience of the Criminal Court. Criminal Legal Aid fees paid to solicitors are set out in S.I. No. 362/2011 - Criminal Justice (Legal Aid) (Amendment) Regulations 2011 and S.I. No. 33/1978 - Criminal Justice (Legal Aid) (Amendment) Regulations, 1978.

Separately my Department is preparing a General Scheme of a Criminal Justice (Legal Aid) Bill which will have 3 main purposes, namely to:

update and modernise the law relating to criminal legal aid;

implement key Audit recommendations concerning governance, control and accountability; and

transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board.

This will provide an opportune time to review the fee structure for criminal legal aid.

In the meantime, I can assure the Deputy that my Department will continue to engage with DPENDPDR on the restoration of the FEMPI cuts.