Justice minister says he won't buckle to pressure from solicitors over flat-fee legal aid change

JUSTICE MINISTER JIM O’Callaghan has said he won’t buckle under pressure and change plans around the flat-fee legal criminal aid system. 

There has been a stand-off between the minister and solicitors for a number of weeks over the introduction of a flat-fee payment model for District Court cases under the legal aid system.

Before 1 July, solicitors were being paid around €240 for the first appearance and about €60 for each subsequent sitting, but the new system sees solicitors getting a single payment of €520 regardless of the number of court appearances.

Thousands of District Court cases were adjourned in recent days after criminal defence solicitors withdrew their services in protest over the changes to how they are paid, leading to delays and knock-on impacts across the criminal justice system.

Asked about the disruption today and whether he is for turning on the matter, the minister said:

“Some solicitors think that if they put enough pressure on the system to disrupt cases, that this is going to result in political pressure on me, and I’m going to revoke the regulations. That’s not going to happen.”

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“This is about recognising that the system needs to be improved, and a system which has a payment structure, which encourages adjournments because you get paid more through an adjournment, is going to encourage situations like that,” he added. 

“What I’m trying to ensure is that cases are determined promptly in the district court. It is a court of summary jurisdiction. The old fee was €240 plus €60 for each adjourned hearing. I’m now providing €520, which is a significant increase,” said O’Callaghan. 

“Now that accounts for five hearings, and the average amount of hearings under the criminal legal aid scheme is five. So, the payment structure I’m putting in place now, I believe will encourage the quick determination of simple cases in the district court,” the minister said. 

O’Callaghan mentioned one case that had been brought to his attention recently, whereby a man from Kerry, who was charged with an offence in July 2023, has still not had his case determined. 

He told reporters that the man had been charged with a very minor offence from the day of the All Ireland final in 2023. 

Some three years later, the case has not been determined, said the minister, calling it “unacceptable”. 

The minister said he will keep the process under review, but for now, he would not be bowing to pressure. 

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