Minister for Justice, Home Affairs and Migration Jim O’Callaghan has confirmed that the new flat fee of €520 for District Court criminal legal-aid cases will remain in place, despite concerns raised by solicitors.
However, the Minister has agreed to change when the payment is made following a meeting with the Law Society of Ireland on Monday, July 27.
Under the revised arrangement, two-thirds of the €520 fee will be paid to the solicitor at the beginning of a case.
The remaining third will be paid when the case concludes or 12 months after it commenced, whichever occurs first.
The change affects the timing of the payment rather than its overall value and, according to the Department of Justice, will have no additional cost implications for the Criminal Legal Aid Scheme.
The flat-fee system came into effect on July 1, replacing the previous payment structure for summary criminal cases in the District Court.
The new model has been opposed by a number of criminal-law practitioners, who have argued that paying the same fee regardless of the number of appearances or the complexity and duration of a case could make some legal-aid work financially unviable.
Some solicitors withdrew services or resigned from criminal legal-aid panels as part of the dispute.
Minister O’Callaghan met representatives of the Law Society this week to hear the concerns being raised by practitioners.
While the central €520 fee will remain, the Minister has provided clarification on circumstances in which an additional legal-aid certificate may be issued.
A new certificate can be granted for an accused person where the charges involved are distinct and separate from those connected with an earlier court appearance.
The Minister has also instructed Department officials to review how the new scheme operates in the Children’s Court and in cases requiring more than 20 court appearances.
That review will take place over the next six months and will be used to determine whether further changes may be required in those limited categories of case.
Solicitors who resigned from the criminal legal-aid panel will also be permitted to seek immediate reinstatement through the Courts Service following the latest clarifications.
The Law Society previously said that solicitors had been calling for reform of criminal legal aid for several years but described aspects of the new structure as “unworkable and impractical”.
The Minister has maintained that reform is necessary to improve efficiency, reduce unnecessary adjournments and ensure greater accountability for public expenditure.
In a statement issued following this week’s meeting, the Department said: “The Minister is committed to improving efficiencies for court users, legal practitioners and the Irish public.
“The new District Court Criminal Legal Aid Scheme will allow for those efficiencies.”
