Written answers

Wednesday, 17 September 2025

Department of Justice and Equality

Legal Aid

Photo of Malcolm ByrneMalcolm Byrne (Wicklow-Wexford, Fianna Fail)
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863. To ask the Tánaiste and Minister for Justice and Equality if it is mandatory that when an individual is brought to a Garda station for questioning that they are entitled to be presented with a list of solicitors that they may choose to represent them; if there are plans to introduce a duty list system of solicitors; and if he will make a statement on the matter. [48104/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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Under the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987, people arrested and detained in a Garda station must be informed of their right to consult a solicitor.

The Garda Station Legal Advice Revised Scheme provides for the payment of fees to solicitors for telephone and in-station consultations with persons detained in custody and who are eligible under the terms of that Scheme. The appointment of a solicitor is a matter for the detainee who is entitled to a solicitor of his or her own choice. Where a detainee does not nominate their own solicitor, Gardaí can provide information to a detainee for the purpose of that individual being able to consult a solicitor.

The Garda Station Legal Advice Revised Scheme is operated by the Legal Aid Board and a guidance document regarding the operation of the Scheme is available on the website of the Legal Aid Board.

The General Scheme of the Criminal Justice (Legal Aid) Bill 2023 was published in July 2023. This Bill, when enacted, will put on a statutory footing a number of Criminal Legal Aid Schemes, including the Garda Station Legal Advice Revised Scheme.

Photo of Malcolm ByrneMalcolm Byrne (Wicklow-Wexford, Fianna Fail)
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864. To ask the Tánaiste and Minister for Justice and Equality to provide an update on the dispute concerning criminal barrister fees; and if he will make a statement on the matter. [48105/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I recognise the crucial role played by the legal professions in the effective administration of criminal justice.

As the Deputy will know, the Programme for Government 2025, Securing Ireland’s Future, contains a commitment to reform the operation of the criminal legal aid system and fully restore criminal legal aid fees. Over the past two years, there has been an 18% increase in the fees paid to barristers under the Criminal Legal Aid Scheme. The budget for criminal legal aid has increased in 2025 by over €9m, which includes an 8% increase in fees from 1 January 2025. This is in addition to the 10% increase in fees secured in Budget 2024. It is my intention, as part of this year's budget negotiations, to make further progress on restoring criminal legal aid fees.

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 update the administration of criminal legal aid. This Bill will modernise the operation of the scheme, introducing strengthened oversight and governance structures. My Department is currently working on the modernisation of the scheme and is engaging with all relevant stakeholders. I would like to acknowledge the ongoing cooperation of the legal professions with this important work.

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