Case Explained: Minister’s plan to reduce criminal legal aid fees will lead to solicitor ‘exodus’ – Law Society – The Irish Times – Legal Perspective

The Minister for Justice’s planned “one flat fee” for criminal legal aid is a “unilateral” cut that will lead to an “exodus” of solicitors and undermine the right to a fair trial, the Law Society has said.

The introduction of the €455 “one accused, one fee payment” for criminal legal aid work in the District Courts “would break the commitment” in the programme for Government to “fully restore” criminal legal aid cut in 2009 under emergency legislation, said the professional body which represents the country’s solicitors.

It made the comments in a statement issued to The Irish Times in response to queries concerning the planned introduction of the divisive plan.

The society requested a meeting with the Department of Justice in the wake of its review of the criminal legal aid fee structure.

The review recommended reform, including introduction of the one flat fee, after raising concerns that criminal legal aid payments had increased from €19 million in 2015 to €37 million in 2024 and that the complex system, dating from 1962, is open to misuse.

The meeting between the society and department was held on March 5th.

While the society declined to comment on it, sources said it was “not a consultation” and the clear intention appeared to be that the one flat fee would be introduced within months.

In its statement, the society said criminal legal aid was “a cornerstone of the justice system, serving as a vital mechanism to uphold the constitutional right to legal representation”.

By upholding the right to representation and a fair trial, the criminal legal aid scheme “ensures that justice in Ireland remains a fundamental right for all, rather than a privilege for those who can afford it”, it said.

[ Minister for Justice faces backlash from solicitors over District Court fee proposalOpens in new window ]

It was “astonishing”, when proposing changes to the criminal legal aid scheme, the department “would look to impose a model widely recognised as having failed in family law”.

The introduction of a flat fee in legal aid family law cases had led to “an exodus of solicitors” working under that scheme, as it became “unviable” to provide the service.

The Legal Aid Board, an independent statutory agency, has described “immense challenges” in accessing private solicitors to conduct legally aided family law work.

The board had said this was affecting its ability to maintain a “consistent, accessible, and uniform service nationwide”.

“Introducing one flat fee in criminal legal aid imposes an indeterminate amount of work while cutting the fees provided,” the society said.

The move “will understandably lead to an exodus of solicitors working in this area, as it has done in family law, and will make it more difficult to secure legal representation”.

It represents a “unilateral cut” to criminal legal aid and would “break the commitment” in the current programme for Government to “fully restore criminal legal aid”, cut in 2009 under emergency legislation.

“The decision to introduce one flat fee does not constitute a reversal of these cuts,” the society said.

Instead, by expressly cutting the payments and seeking to limit the involvement of legal representatives, the proposal “will undermine an accused’s right to a fair trial without any acknowledgment of the complexity, personal circumstances or length of an individual case”.

A Department of Justice spokesman said “the recent proposal relating to Criminal Legal Aid helps to fulfil the Programme for Government commitment to the full restoration of fees, and will enable faster payments to practitioners”.

“The Government recognises the crucial role played by the legal professions in the effective administration of criminal justice, and equally that Criminal Legal Aid is fundamental to upholding the constitutional and human right to a legal defence,” he said.

“There will be extensive engagement over the coming months with key stakeholders, including legal professionals, on the review and changes to the scheme in advance of 1 July.”