Written answers
Thursday, 26 September 2024
Department of Justice and Equality
Courts Service
Patrick Costello (Dublin South Central, Green Party)
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10. To ask the Tánaiste and Minister for Justice and Equality if he will meet with an organisation (details supplied) regarding the issue of enduring cuts to criminal fees, which is impacting on the criminal justice system. [29474/24]
Helen McEntee (Meath East, Fine Gael)
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I recognise the important role played by barristers and solicitors in support of the administration of criminal justice, both in the context of defending people who are accused of crimes and working with the Office of the Director of Public Prosecutions in respect of prosecutions. Ireland’s system of criminal legal aid has served the country well over the last 60 years.
I am conscious of the issues regarding the level of fees and have corresponded with and spoken to representatives of the Bar Council and officials from my Department have been meeting with them, and with the Law Society, to discuss Criminal Legal Aid fees and identify appropriate reforms of the Criminal Legal Aid Scheme.
Last year I secured additional funding of €9 million to make progress on this and as a result, from 1 January 2024, criminal legal aid fees were increased by 10% bringing the expected spend for this year to €98.12 million
At that time, I made clear that this was the beginning of a process which would lead to full restoration.
I have repeatedly stated that my clear intention is to further progress this and it is something on which I have engaged with my colleague, the Minister for Public Expenditure, NDP Delivery and Reform as part of this year’s budget negotiations – the outcome of which will be announced next week.
I very much appreciate the ongoing co-operation and engagement of these key stakeholders with my Department, including through the meetings held over the summer, and I look forward to continued engagement with both bodies as we work to reform and modernise the Criminal Legal Aid Scheme.
This continued engagement is essential to ensuring we have an effective legal system.
However, I regret the action taken by the Criminal Bar which has disrupted court hearings, impacting on victims, witnesses and defendants, and added delay to already overburdened court lists.
I am deeply conscious of the need to attract and retain legal professionals in the practice of criminal law.
This is fundamental to ensuring due process is respected - both in the context of the defendant’s right to representation, to ensuring the State has the required expertise and skill available to successfully prosecute serious crimes, to continue in time to have diversity of experience in the judiciary, and, fundamentally, to upholding Ireland’s strong rule of law tradition.
I can assure the Deputy that Government is committed to ensuring that the legal professions, including the criminal branch, remains a profession of choice into the future, including by looking at barriers to entering and remaining in the profession.
Of course the fees paid by the State are part of this, and I have committed to working to restore the cuts made to criminal legal aid fees.
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