Written answers

Wednesday, 3 July 2024

Department of Justice and Equality

Legal Aid

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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123. To ask the Tánaiste and Minister for Justice and Equality if she has engaged with criminal barrister representatives on the issue of their pay restoration, given the significant cuts to their professional fees since 2008 and the subsequent lack of restoration; if she is aware that an organisation (details supplied) is recommending a further withdrawals of service on 9, 15 and 24 July, causing significant concern for all involved in the administration of criminal justice; if she plans to address this disparity in pay, which is causing concern among the legal profession, particularly those specialising in criminal law; and if she will make a statement on the matter. [28966/24]

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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124. To ask the Tánaiste and Minister for Justice and Equality if, in light of the planned withdrawal of service by criminal law practitioners on several dates in July, she will move quickly to deliver an independent, meaningful, time-limited and binding mechanism to determine the fees paid to criminal barristers by the Director of Public Prosecutions and under the criminal justice (legal aid) scheme; and if she will make a statement on the matter. [29236/24]

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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125. To ask the Tánaiste and Minister for Justice and Equality to meet with representatives of an organisation (details supplied) to avoid the disruption that will impact on persons, including the victims of crime, those accused of criminal offences, juries and others involved in the administration of criminal justice.; and if she will make a statement on the matter. [29266/24]

Photo of Gerald NashGerald Nash (Louth, Labour)
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133. To ask the Tánaiste and Minister for Justice and Equality when her Department will formally commence the Government commitment in the context of Budget 2024 to establish a review process to examine the structure and level of fees paid to barristers practising criminal law; if she will provide details on the reasons such a process has not commenced; if she will provide clear details and a timeframe/framework in respect of the process announced in October 2023; the form of engagement her Department has had to date with the Department of Public Expenditure, NDP Delivery and Reform on the issues in questions and the framework of a process; and if she will make a statement on the matter. [28512/24]

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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154. To ask the Tánaiste and Minister for Justice and Equality the steps she will take to divert withdrawal of services from criminal law barristers (details supplied); and if she will make a statement on the matter. [28616/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 123, 124, 125, 133 and 154 together.

I recognise the important role played by barristers and solicitors in the administration of criminal justice – both in the context of working to defend those accused and working with the Office of the Director of Public Prosecutions in respect of prosecutions.

The Department of Justice has commenced a review of Criminal Legal Aid and has a dedicated team of officials currently working on this. The Department has been and will continue to engage with all relevant stakeholders including the legal professions, on the modernisation and funding of the legal aid system.

The team are currently laying the foundations for an improved, more efficient system of administering Criminal Legal Aid and intend to work collaboratively with all relevant stakeholders. Indeed the review and modernisation of the Criminal Legal Aid Scheme was discussed with the Bar Council and Law Society when my officials met with them. Their input is an important part of the process.

Last summer I told the Bar Council that I saw no good reason why those in the legal profession are left waiting for crisis-era reductions to be restored. That is still my position.

I said last summer that I wanted to make progress on criminal legal aid in last year’s budget and I did just that.

I secured €9 million to provide for a 10% increase in criminal legal aid fees, which came into effect from 1 January 2024.This represented progress.

I will be equally clear regarding my intentions this year. I will again seek to make progress in this year’s budget in relation to restoration of criminal legal aid fees.

However, as the Deputy will know, we cannot make Budget announcements months ahead of Budget Day. There is a budgetary process which must be followed.

While I cannot pre-empt a budgetary decision, I hope that the progress we achieved last year is a sign of good faith on my part and the part of the Government that more can be achieved this year.

To further modernise the Criminal Legal Aid system, the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 was published in July 2023.

The key purpose of the Bill is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid.

This Bill will modernise the operation of the Criminal Legal Aid Scheme, introducing strengthened oversight and governance structures.

Officials in the Department of Justice have recently met with representatives of the Bar Council and Law Society. It is my intention that significant progress will be made on this as Department officials continue to engage with the legal professions.

Barristers instructed by the State to prosecute in criminal cases are paid by the Office of the Director of Public Prosecutions (ODPP), who is independent in the remit of her functions and as such any queries relating to the fees of prosecuting barristers will need to be addressed by the ODPP directly.

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